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(영문) 부산지방법원 2016.06.23 2015나11738
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against C for the registration of ownership transfer on the ground of the cancellation of title trust with respect to the real estate of 888 square meters (hereinafter “instant real estate”) in Seocho-gu, Changwon District Court No. 2012Gadan238, Changwon-si. The Plaintiff and the Plaintiff’s husband E participated as an independent party (hereinafter “related lawsuit”), and on October 12, 2012, the following adjustment was established:

(hereinafter referred to as “instant conciliation”). 1. C. The procedures for the registration of ownership transfer shall be implemented against the Plaintiff and E with respect to the size of 888 square meters prior to the Gwanak-gu Seoul Metropolitan Government D.

2. The Plaintiff and E shall jointly and severally pay KRW 28,700,000 to the Defendant by January 11, 2013.

3. The plaintiff and E shall jointly and severally pay C all charges, such as capital gains tax, imposed on C in connection with the real estate as described in paragraph 1.

4.B shall not perform any compulsory execution with respect to the immovables mentioned in paragraph (1), including provisional seizure, seizure or request for auction.

However, where the plaintiff and E fail to pay the money stated in paragraph (2) by the due date for payment stated in paragraph (2), the plaintiff may perform compulsory execution on the above real estate.

5. B, C, the Plaintiff, and E verify that no legal relationship exists with respect to the real estate listed in paragraph 1, except as provided in each of the above paragraphs, and do not raise any civil or criminal objection.

B. On January 11, 2013, the Plaintiff paid KRW 6,314,00 as income tax on KRW 28.7 million to be paid to the Defendant pursuant to Article 2 of the instant conciliation protocol.

C. On January 11, 2013, the Plaintiff and E deposited the deposited person as the Defendant and the cause of the deposit under the Franchisive 71 of Busan District Court’s Branch Branch in Busan District Court in 2013, stating that “The deposited person shall withhold KRW 6,314,00 out of KRW 28.7 million to be paid to the deposited person according to the instant conciliation protocol as other income and shall deposit the remainder of KRW 22,386,00 (i.e., KRW 28,700,000 - KRW 6,314,000) as the recipient’s refusal to receive.”

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