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1. The appeal against the principal claim and counterclaim by the Defendant (Counterclaim Plaintiff) is dismissed, respectively.
2. The costs of appeal shall be principal lawsuit and counterclaim.
Reasons
1. Determination on the part of the claim for cancellation of registration of the establishment of a neighboring mortgage and the claim for counterclaim
A. Facts 1) The Defendant entered into a title trust agreement with the Plaintiff to receive a successful bid in the public sale procedure under the name of the Plaintiff. On October 11, 2010, the Defendant awarded a successful bid for the real estate listed in the attached Tables 1 and 2 (hereinafter “D”) and completed the registration of ownership transfer in the Plaintiff’s future.
B) During the process of acquiring the pertinent land, the Defendant entered KRW 58,093,00,00 obtained by deducting KRW 228,00,000 from the bid price of the pertinent land in KRW 286,093,00,000, ② acquisition tax necessary for completing the registration of ownership transfer under the Plaintiff’s name (2,860,930), acquisition tax (2,860,930,000,000 won), including special rural development tax (2,860,093 won), KRW 2,860,930,00 education tax of KRW 2,86,00,00,00,000 from the bid price of KRW 286,00,00,00,000, and KRW 6,078,930,000,000,000, which is KRW 28,000,000,000.
(B) The Defendant awarded a successful bid and completed the registration of ownership transfer in the Plaintiff’s future. (B) During the process of acquiring the land of this case, the Defendant deducted KRW 225,451,780 from the successful bid price of KRW 264,451,780 from KRW 264,40,000, KRW 39,000 for bank loans granted under the Plaintiff’s name, ② acquisition tax (5,240,000), including acquisition tax necessary for the registration of ownership transfer in the Plaintiff’s name, and KRW 12,597,200 for special rural development tax (5,240,000 for acquisition tax of KRW 5,240,000 for KRW 524,00 for special rural development tax of KRW 524,00 for KRW 5,240,00 for KRW 28,00 for cancellation education tax of KRW 21,00 for cancellation education tax of KRW 200 for KRW 20850 for bonds purchase.
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