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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. B reported on December 31, 2005 the transfer income tax on the transfer of land outside C and seven parcels. Accordingly, the director of the regional regional tax office of Jung-si who belongs to the Defendant notified on January 2, 2008, B of the transfer income tax of KRW 7,700,815,340 as the payment period on January 31, 2008, but B did not pay the said tax until now. As of the filing date of the lawsuit in this case, the amount of delinquent tax was KRW 13,460,083,530.
B. On March 8, 2008, between the Defendant and D and 7 others (hereinafter “D, etc.”), the sales contract (hereinafter “the instant sales contract”) was prepared on March 8, 2008, stating that the Defendant purchased KRW 600 million (the contract amount of KRW 40 million shall be paid at the time of the contract, and the loan amount of KRW 50 million shall be paid in cash, out of the remainder of KRW 560 million shall be deducted by the buyer and the remainder of KRW 110 million shall be paid in cash) with respect to the real estate of KRW 10,000,000,000,000,000,000,000 won shall be paid in cash) among the two neighborhood living facilities on the second floor of the said steel D & D slurbed roof, and the registration of transfer of the ownership of Defendant 3, 208 (hereinafter “the instant real estate”).
C. B was indicted for committing the following criminal facts (violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name) as stated in the following, as Suwon District Court Branch Branch Decision 2015 high-ranking 544, and was notified of a summary order of KRW 3 million by the said court on March 5, 2015.
No person shall register any real right to real estate under the name of the title trustee according to the title trust agreement.
Nevertheless, the Defendant was the actual owner who purchased the instant real estate, and was willing to purchase the said real estate under the name of friendly A and A with a title trust agreement.
Accordingly, the defendant, on March 8, 2008, is at the G Certified Judicial Scriveners Office located in the F of Echeon-si.