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(영문) 서울남부지방법원 2015.10.15 2014가합115132
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was working as the head of the general affairs division at the Guro-gu Seoul Metropolitan Government EF Hospital, which was operated by D from October 1982 to March 31, 2004. 2) D sold the F Hospital site to the relevant hospital on November 1, 2004 due to the business difficulties of the hospital in the management of the hospital.

3) The Defendant, while operating a hospital in Seoul, sent the Plaintiff-friendly relationship. B) D received a tax investigation around 2009 and received a disposition of capital gains tax of KRW 5,586,335,970 from the National Tax Service.

2) D around 2009, Seoul Performance Bond Co., Ltd. (hereinafter “Seoul Performance Bond”).

(C) On April 29, 2010, the Plaintiff and the Defendant agreed with the Defendant regarding D’s transfer income tax in relation to D’s transfer income tax (hereinafter “instant agreement”) on the following grounds: (a) there is room to regard D as a clerical error in the Seoul Guarantee Insurance; (b) at the time, the Defendant issued a written performance guarantee for payment; and (c) at the time, the Defendant guaranteed D’s obligation due to the letter of performance guarantee for payment as to D’s Seoul Guarantee Insurance; (c) submitted a written performance guarantee to the National Tax Service; and (c) was extended by June 2010.

(2) On December 2, 2009, the Plaintiff and the Defendant agree to implement the following matters with respect to the application for deferment of disposition on default of the Seoul performance bond for KRW 5,586,335,970 of the transfer income tax on KRW 5,586,335,970. On December 2, 2009, the Plaintiff and the Defendant agree to sell the real estate as the top priority after submitting it as a payment plan to the National Tax Service.

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