1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is a person who operates a certified judicial scrivener office A located in Sipo-si, and the Defendant is a company that engages in the business of collecting and transporting wastes.

B. On April 22, 2016, the Defendant decided to purchase KRW 166,00,000 (hereinafter “instant real estate”) from Nonparty C to purchase the instant real estate at KRW 301,00,000,000 on the date of the contract, and paid KRW 17,400,000 as the down payment, and the remainder KRW 148,60,000,000 as of July 6, 2016 (hereinafter “instant sales contract”). (c) In concluding the instant sales contract, the Defendant delegated the Plaintiff with the affairs of filing an application for ownership transfer registration of the instant real estate (hereinafter “instant delegation contract”), and the Plaintiff received acquisition tax, special rural development tax, and special rural development tax (hereinafter “acquisition tax, etc.”) from the Defendant in the course of performing the affairs of filing an application for ownership transfer registration of the instant real estate under the instant delegation contract, the Defendant was obligated to pay KRW 206,000,000,000 for the instant real estate by adding KRW 2616,206,00.

E. Accordingly, the Plaintiff paid 7,96,200 won (=15,632,200 won - 7,636,000 won) which was not paid in advance by the Defendant among 15,632,200 won, including acquisition tax, etc. notified to the Defendant, on behalf of the Defendant, and completed the application affairs for ownership transfer registration of the instant real estate.

F. Since July 19, 2016, the Plaintiff received a refund of KRW 746,350,00 which was overpaid or erroneously paid out of KRW 15,632,20, including acquisition tax already paid from the Military Viewers.

G. Ultimately, the Defendant’s application for ownership transfer registration of the instant real estate is conducted.