logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.05.08 2018가합6667
정산금 청구의 소
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 607,896,829 and Defendant B with respect thereto from November 7, 2018, and Defendant C with respect thereto.

Reasons

1. Basic facts

A. The plaintiff is not more than D'the net.

The birth of Defendant B is the wife of the deceased, Defendant C is the children of the deceased and the children of Defendant B, and the deceased E is the mother of the Plaintiff and the deceased.

B. The Deceased’s land is “the instant land with a size not exceeding 4,698 square meters in Gyeyang-gu, Yangyang-gu.”

on July 13, 1988 for sale and purchase purposes

7. Upon completion of the registration of ownership transfer on February 5, 2017, the deceased died on February 5, 2017, the Defendants completed the registration of ownership transfer on July 19, 2017 due to inheritance by agreement division as to each one-half portion of the instant land.

C. On March 18, 2018, the Defendants sold the instant land to G, etc. as KRW 923,650,000, and Defendant B received the down payment of KRW 90,000,000, which was paid on the contract date among the purchase price. On May 18, 2018, the intermediate payment of KRW 150,000,000, which was paid on May 18, 2018, the Plaintiff received the remainder of KRW 30,000,000 from Defendant B, and the remainder of KRW 683,60,000,000, which was paid on June 28, 2018, was received by Defendant B.

Defendant B spent KRW 73,368,876 of transfer income tax, KRW 8,300,00 of brokerage commission, KRW 95,028,795 of inheritance tax, and KRW 19,05,50 of registration tax in relation to the sale of the instant land.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 3, 8, Eul's 10 to 13, and the purport of whole pleadings

2. The parties' assertion

A. Although the summary of the Plaintiff’s assertion sought to purchase the instant land and donate it to the Plaintiff, there was a problem in acquiring the instant land, which is farmland, since the Plaintiff worked in the Industrial Bank of Korea at the time, and thus, the Plaintiff, the Deceased, and E agreed to trust the name of the instant land to the Deceased.

In addition, after the death of the deceased, Defendant B would make an oral agreement to pay the Plaintiff the remainder after deducting taxes and public charges, such as inheritance tax, from the purchase price.

arrow