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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion and the Defendant jointly awarded a bid on July 3, 2012, and the Defendant did not pay the registration commission and registration tax (hereinafter “instant real estate”). Unless otherwise stipulated by the parties, co-owners bear the expenses for jointly owned property at the ratio of their shares. Therefore, the Defendant shall pay the Plaintiff the expenses for the acquisition tax, local education tax, agricultural special tax, bonds, and capital increase, and KRW 30,869,100 related to the ownership transfer of the instant real estate; KRW 998,440 related to the establishment of the instant real estate; KRW 732,460, total of KRW 32,60, KRW 32,60, KRW 16,300 corresponding to the Defendant’s share ratio of KRW 1/2,30,000, KRW 200, and KRW 32,60,000 for the bond interest.
2. Since the Plaintiff’s cause of the instant claim is damages, the Defendant violated the agreement between the Plaintiff and the Defendant to bear 1/2 of the transfer cost of ownership to the instant real estate.
The defendant's failure to bear an amount equivalent to 1/2 of the cost of transfer of ownership should be a tort against the plaintiff.
However, it is insufficient to acknowledge the fact that the Plaintiff and the Defendant agreed to bear 1/2 of the transfer cost of the instant real estate by itself, and there is no other evidence to acknowledge it otherwise. Moreover, in full view of the respective entries and the overall purport of the pleadings in the evidence Nos. 5, Nos. 1 and 4 (including the serial number) and the entire pleadings, the Defendant was found to have fully borne KRW 503,00,000 of the purchase price of the instant real estate. Thus, there was an implied agreement to bear the transfer cost of the instant real estate solely on the sole basis that the Plaintiff and the Defendant jointly received the bid of the instant real estate.
The defendant's failure to bear the transfer of ownership constitutes a tort against the plaintiff.