(영문) 대전지방법원서산지원 2015.06.19 2014가단7577

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(영문) 대전지방법원서산지원 2015.06.19 2014가단7577

예치금반환

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1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. (i) On January 8, 2008, H entered into a sales contract with S&D Co., Ltd. (hereinafter “S&D”) with a view to selling an amount of KRW 3,305 square meters in the amount of KRW 3,00,000,000 in Seosan-si owned by H, and the said sales contract with a non-party company to pay capital gains tax and local income tax.

Hah and the non-party company, on November 5, 2010, expressed their opinions that “if the transfer value of the above land is 3,700,000,000 won, the transfer income tax including local income tax is expected to be approximately KRW 738,00,000,000 when excluding the transfer value of the above land from the Defendant, who is a certified tax accountant, for eight years, was expected to be approximately KRW 200,000,000,” and concluded a transfer income tax storage agreement with the Defendant with the following contents.

Article 4 (Return of Deposit) (1) The starting point of the existence of deposit shall be five years from the date on which the non-party company deposits 145,00,000 won to the Defendant’s passbook.

3. The defendant shall return the deposit upon written request of the non-party company at the time of return.

5. The above deposits shall be deposited for the purpose of payment where H is subject to the reduction of or exemption from capital gains tax, but H is subject to the avoidance of reduction or exemption from treasury

Article 5 (Assignment of Claim for Return, Pledge, etc.) No right to claim the return of deposit held by the non-party company under the preceding Article shall be assigned, pledged or otherwise disposed to a third party.

The non-party company transferred 5,00,000 won on November 8, 2010, and 140,000 won on November 14, 2010 to the Defendant’s account in accordance with the above custody agreement.

B. (i) On November 23, 2010, the non-party company transferred the right to claim the return of the deposited money to the J on the same day, and notified the Defendant of the transfer on the same day.

She transferred on December 14, 2010 the right to claim the return of the deposited money to A, and notified the transfer on August 7, 2014.

C. A’s inheritance relationship due to the death of A shall be November 29, 2014 during which the instant lawsuit was pending.

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