beta
Text
1. The Defendant’s KRW 19,893,776 as well as the Plaintiff’s annual rate from November 24, 2016 to February 23, 2018, and the following.
Reasons
1. Facts of recognition;
A. On June 2015, the Plaintiff entered into a sales contract with the content that the Plaintiff shall sell the pertinent land at KRW 156,000,000 (hereinafter “instant sales contract”) of KRW 3,442 square meters in the wife population C (hereinafter “instant land”). The Defendant, as a licensed real estate agent, arranged the instant sales contract as a real estate agent.
B. D requested the bank to prepare a contract by raising the purchase price in order to obtain a loan from the bank, and the contract was prepared between the Plaintiff and D, which indicated the purchase price as KRW 260,000,000, under the Defendant’s brokerage, between the Plaintiff and D.
The defendant signed and sealed the above sales contract as a broker.
C. As above, a fine for negligence was imposed on the Plaintiff on the wind that prepares a sales contract by raising the purchase price in actual amount, and the Plaintiff paid a fine for negligence of KRW 8,800,000 on March 21, 2016. On April 15, 2016, the Defendant, a licensed real estate agent, was also subject to a fine for negligence of KRW 8,654,200.
Meanwhile, since the Plaintiff’s transaction price in the sales contract was written differently from the actual transaction price, the reduction or exemption of capital gains tax for self-employed farmland applied to the Plaintiff pursuant to Article 129 of the Restriction of Special Taxation Act was excluded, and the Plaintiff was imposed KRW 27,162,960 as capital gains tax following the transfer of the instant land. The Plaintiff paid all of the capital gains tax, etc. on November 24, 2016.
E. The Plaintiff asked E to sell the instant land in one’s own village, and E asked F to color the purchaser.
F is a contact with the Defendant, and the Defendant was acting as a broker for the instant land, and the Plaintiff remitted 20 million won to F under the pretext of brokerage commission and acceptance expenses, and five million won of which was paid to the Defendant.
[Ground of recognition] A-1-7 evidence, Gap evidence 8-1, 2, Eul evidence 1-3, and Eul.