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1. For the plaintiffs:
A. Defendant Seoul Special Metropolitan City shall pay KRW 11,191,460, respectively, and the amount from December 7, 2013 to the day of full payment.
Reasons
1. Basic facts
A. On April 25, 2008, the Plaintiffs purchased 1,186,894,000 won and intermediate payment of KRW 210,954,00 and KRW 276,206,00 from E Co., Ltd. to the 3rd floor H of the building of Jongno-gu Seoul and 78 lots (hereinafter “instant commercial building”).
B. On September 28, 2007, the registration of preservation of ownership in the name of E on the commercial building of this case was completed on September 28, 2007, and the registration of the trust (the trust on September 17, 2007) in the name of E Co., Ltd. was completed on January 15, 2008, and the registration of transfer of ownership in the name of E Co., Ltd. was completed on January 15, 2008 (the trust on January 15, 2008, the cause of the registration) in the name of J Co., Ltd. (the trust on January 15, 2008, the cause of the registration) was completed.
C. The Plaintiffs left only the remainder payment (69,734,00 won) as of May 16, 2008, which was the remaining payment date. However, the trust company, a trust company, rejected the registration of ownership transfer due to sale on the ground that the E Company deposited only part of the sales price received from the Plaintiffs to trust companies and embezzled the remainder.
On November 2008, the Plaintiffs prepared balance to receive the registration of transfer of ownership at the request of E Co., Ltd., and on December 10, 2008, through a certified judicial scrivener designated by E Co., Ltd., the Plaintiffs voluntarily paid acquisition tax of KRW 22,382,920 and special rural development tax of KRW 2,238,290, which is national taxes, KRW 24,621,210.
E. However, E Co., Ltd. decided the workout program by creditor banks around March 27, 2009, when the next day of the registration of ownership transfer to the Plaintiffs, and thereafter, the public sale of the instant commercial building was conducted by J Co., Ltd., and the registration of ownership transfer in the name of K Co., Ltd. (the date of the registration was August 26, 2013) was completed on September 24, 2013.
【Fact-Findings 1, Gap’s evidence 1, Gap’s evidence 2-2, Gap’s evidence 3, Eul’s evidence 2 and 3, the purport of the whole pleadings
2. The argument.