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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On January 8, 2004, the registration of ownership transfer was completed on the ground of gift on January 7, 2004, the Plaintiff’s father, and on January 8, 2004.
B. On March 4, 2014, the Plaintiff sold each of the instant land to 365.6 million won to the well-known Information and Communications Co., Ltd., and completed the registration of ownership transfer on April 30, 2014.
On the other hand, on May 8, 2014, the Plaintiff paid the transfer income tax to the Defendant by paying the said amount and the acquisition value as KRW 103,681,600.
C. On September 3, 2014, the Plaintiff filed a claim for correction to the effect that it would be recognized as necessary expenses since the Plaintiff spent KRW 46.5 million to the Defendant with the expense for raising each of the instant land. However, the Defendant dismissed the claim on November 4, 2014, on the ground that it is difficult to recognize the payment details of the transaction price as necessary expenses because it is not verifiable, other than the deposit sheet presented on November 4, 2014, because the payment
(hereinafter “instant disposition”) D.
The Plaintiff appealed and filed an appeal on November 24, 2014, but was dismissed on March 5, 2015.
[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, 5, 6, and 7 (including each number; hereinafter the same shall apply), each entry, and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. While the Plaintiff occupied and cultivated each of the lands of this case since around 1995, the Plaintiff contracted embling operations to F for about 4 years from 2000 to 2004 on the ground that each of the lands of this case was low compared to neighboring land, the Plaintiff contracted embling operations to F for about 4 years from 2000 to 2004, paid a total of KRW 46.5 million with the price, and thereby, sold each of the lands of this case to increased value, the Defendant’s disposition of this case, which was not recognized as necessary expenses, is unlawful and thus, should be revoked.
(b) judgment;