logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.08.17 2017나215552
부당이득금
Text

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. C had the right to be supplied with migrants’s housing site and daily life countermeasure site (hereinafter “instant parcelling-out right”) from the Gyeonggi-do Urban Corporation, the project implementer of which was incorporated into the public housing project in Namyang-si, Namyang-si, and as a result, C had the right to be supplied (hereinafter “instant parcelling-out right”).

B. On February 19, 2014, the Plaintiff purchased the instant sales right in KRW 170 million from C (hereinafter “instant contract”), and the Plaintiff, the buyer, bears capital gains tax, and the seller actively cooperates in administrative procedures, such as re-issuance of documents, lot number drawing, etc. at the time the Plaintiff wishes, and the seller agreed to compensate the Plaintiff for the amount of money allocated if C does not interfere with the change of name.

In addition, at the time C signed a separate special agreement and delivered it to the Plaintiff, the content "2. When the name is changed, the buyer bears both the seller's registration cost (including the cost of removal) and the buyer's registration cost, and the transfer tax (the tax due to the transfer) is also borne by the buyer

3. The reported amount at the time of transfer shall be reported to the ordinary amount at the time of transfer of ownership, and the seller shall actively cooperate therewith;

"...."

The Plaintiff paid KRW 2 million to the Defendant, a licensed real estate agent involved in the instant contract, at the price therefor.

C. The details of the public announcement of the supply of sites for livelihood countermeasures in the Namyang-ju E Public Housing Zone related to the instant case are as follows:

1. A person eligible for supply: The time when a person eligible for supply of the cost-of-living countermeasure site selected and notified as a person eligible for livelihood countermeasures in the E-public housing zone exercises his/her right through an association that is autonomously organized by the persons eligible for provision of the cost-of-living countermeasure site. If a person fails to file an application due to a failure to join the association or a failure to organize the association within the time limit for application, he/she shall be deemed to waive the application for cost-of

4. The schedule and place of supply shall be added to the parcel for which an application for preliminary registration is filed;

arrow