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(영문) 수원지방법원 2019.01.10 2018가단540878
약정금
Text

1. The Defendant’s KRW 34,055,450 as well as the Plaintiff’s annual rate from September 4, 2018 to January 10, 2019.

Reasons

1. Facts of recognition;

A. On July 5, 2006, the Plaintiff and the Defendant purchased real estate under the Plaintiff’s name by investing one-half each of them, and sold them, and divided one-half each of them. Accordingly, upon purchasing from C the area of 3,045 square meters (hereinafter “the land before the instant subdivision”) before the subdivision from Suwon-si, the Suwon District Court completed the registration of ownership transfer under the Plaintiff’s name as the receipt of 102980 on August 8, 2006.

B. Since August 2008, the Plaintiff and the Defendant sold the land before the instant subdivision, the transfer income tax incurred therefrom shall be borne by 1/2. However, since the Plaintiff owned the land before the instant subdivision, the Plaintiff first pays the total amount of the transfer income tax incurred from the sale of the land before the instant subdivision, and the Defendant agreed to pay to the Plaintiff the amount equivalent to 1/2 of the transfer income tax paid by the Plaintiff (hereinafter “instant agreement”).

C. On November 3, 2008, the land before the instant subdivision was divided into 330 square meters (hereinafter “instant land”) before E on November 3, 2008. Accordingly, the land before the instant subdivision became 2,715 square meters (hereinafter “the instant land”).

On December 26, 2008, the Plaintiff sold the instant land No. 1 to F, and completed the registration of ownership transfer as of January 12, 2009 by the Suwon District Court’s Seosung registry office as of January 12, 2009. On November 17, 2008, the Plaintiff sold the instant land No. 2 to G, and completed the registration of ownership transfer as of December 2, 2008 by the Suwon District Court’s Seosung registry office as of December 2, 2008. The Plaintiff distributed the sale price of the instant land No. 1 and 2 to the Defendant and 1/2.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. Determination on the cause of the claim

A. (1) The Plaintiff’s assertion (1) is the Plaintiff’s assertion that 95,895,960 won in total over 14 times between April 2012 and June 2016, which was after the sale of the instant land Nos. 1 and 2.

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