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(영문) 부산지방법원 2014.11.12 2014가단230661
매매대금
Text

1. The Defendant’s KRW 79,00,000 as well as the Plaintiff’s annual rate of 5% from April 20, 2014 to July 28, 2014.

Reasons

1. Facts of recognition;

A. On July 15, 2013, the Plaintiff and the Defendant paid the buyer KRW 180 square meters of C Forest and C Forest and KRW 3723 square meters prior to D (hereinafter “instant real estate”), which are owned by the Plaintiff, with the Defendant and his wife, and KRW 620 million of the purchase price; KRW 70 million of the down payment; the date of the contract; KRW 230 million of the intermediate payment; and KRW 320 million of the remainder payment on August 16, 2013; and KRW 320 million of the remainder payment on September 13, 2013; as a special agreement, the Plaintiff paid KRW 80 million from the down payment to the provisional disposition authority; and the remainder of KRW 40 million from the intermediate payment; and the Defendant paid KRW 40 million from the intermediate payment; and the remainder of the registration of the purchase and sale contract to be discharged by the time the creation of superficies was completed (hereinafter “the remainder”).

B. Meanwhile, at the time of the instant sales contract, the Plaintiff prepared a separate agreement (hereinafter “instant agreement”) with the Defendant, among the participants of F’s mother G at the time of the instant sales contract, as follows:

Agreement

1. A civil or criminal objection may not be raised as the purchase price is KRW 620 million (including the provisional disposition authority KRW 80 million) and as a result, under the agreement between the seller and the purchaser, the reported amount was reduced to KRW 41.2 million.2 million.

2. The transfer taxes reported and emitted at KRW 41.2 million shall be borne by the F of the provisional disposition authority.

C. After the formation of the instant agreement, the Defendant demanded the Plaintiff to report the instant agreement as it is, since it is illegal, that the Plaintiff should report the actual purchase price of KRW 620 million. Since then, the Plaintiff and the Defendant failed to comply with the procedures for the payment of the balance and the transfer of ownership until the remainder payment due to the issue of bearing capital gains tax, etc. that was paid

On April 9, 2014, the Defendant rescinded the instant sales contract on the ground of the Plaintiff’s breach of contract and KRW 510,125,000 for settlement until April 15, 2014.

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