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(영문) 광주지방법원목포지원 2017.08.10 2017가단50011
약정금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) On April 9, 2002, the Plaintiff owned 6808 square meters (hereinafter “instant real estate”) prior to Yong-gun, Youngnam-gun G as a compulsory auction, and requested Defendant D, a licensed real estate agent, to sell the instant real estate, and Defendant D offered that Defendant E purchase of the instant real estate with Defendant E. On October 25, 2015. (2) On October 25, 2015, the Plaintiff, Defendant E, and Defendant F were gathered in the office of licensed real estate agents operated by Defendant D, and discussed the sale and purchase of the instant real estate.

Defendant E and Defendant F paid KRW 620 million to the Plaintiff as the purchase price for the instant real estate, and ② The purchaser of the sales contract shall be the Defendant Incorporated Company B (hereinafter “Defendant B”) operated by Defendant E, and ③ prepare a so-called “the so-called “up contract” in which the purchase price for the instant real estate is KRW 1.1 billion, and, in return, pay the Plaintiff KRW 30 million to the Plaintiff as the price for the establishment of the so-called “up contract” in which the Plaintiff would pay KRW 1.1 billion to the Plaintiff. ④ Since the Plaintiff could apply Article 69(1) of the Act on Special Cases Concerning the Restriction of Tax Taxes by self-reliance on the instant real estate for at least eight years, the Plaintiff agreed to pay the transfer income tax imposed accordingly to the buyer (hereinafter “instant

3) Defendant B remitted KRW 50 million to the Plaintiff on October 25, 2015, and KRW 100 million on October 27, 2015. (b) Defendant F established the Defendant Incorporated Agricultural Company C (hereinafter “Defendant C”) on December 7, 2015, and agreed between the Plaintiff and the Plaintiff on December 15, 2015 to change the buyer of the sales contract as of October 25, 2015 for the instant real estate.

2. On December 21, 2015, the Plaintiff completed the registration of ownership transfer with respect to the instant real estate to Defendant C, and Defendant C paid the remainder of KRW 500 million to the Plaintiff following the date.

(c) Transfer income tax;

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