(영문) 서울고등법원 2017.02.17 2016나2055262

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(영문) 서울고등법원 2017.02.17 2016나2055262

약정금

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The progress of the instant project 1) The Plaintiff’s recommendation by the Defendant at Seongbuk-gu Seoul site C (hereinafter “instant real estate”).

(1) purchase of unregistered buildings on and above the ground to remove the buildings and construct the site, sell them or construct the new buildings (hereinafter referred to as the “instant project”).

(2) The Plaintiff agreed to pay KRW 1,925,00,000 to the Defendant for the purpose of the instant project from December 1, 1997 to July 27, 1998, respectively, and paid KRW 1,925,00,00,000 to the Defendant for the purpose of the project of this case, respectively.

After purchasing the instant real estate with the above funds, the Defendant received a favorable judgment by filing a lawsuit for removal of the building against the occupant of the instant real estate (the resident of the instant apartment house on the ground), but did not take out the removal and removal of the occupant.

3) Since then, the school juristic person’s intention to purchase the instant real estate was revealed by the school juristic person’s first instance, the Defendant attempted to remove the instant real estate occupant, and the occupant failed to remove the building in full. Ultimately, the Plaintiff paid a total of KRW 815,00,000 to the occupant, and sold the instant real estate at KRW 7.3 billion on October 1, 2010 after delivery of the instant real estate. (B) After selling the instant real estate, the Plaintiff reported the transfer income tax after selling the instant real estate, and the Plaintiff was liable to the Defendant for the difference of KRW 2,890,000 ( KRW 1,925,000,000, KRW 150,000,000, KRW 815,439,000,000,000 for the instant project, which was recognized as tax required expenses, to the Defendant, 1,981,439,000,000).

Accordingly, on March 14, 2011, the Defendant prepared and sent to the Plaintiff a factual confirmation of the following purport (hereinafter “instant letter”).

The defendant of the fact-finding certificate shall be the defendant of 1997.

유사 판례

-수원지방법원 2016.07.15 2014가합73605

-서울중앙지방법원 2017.11.16 2017가단52604

-대법원 1996. 3. 22. 선고 95다53768 판결

-서울고등법원 2020.07.23 2019나2028735

-수원지방법원 성남지원 2018.01.12 2017가합1413