(영문) 서울고등법원 2018.08.31 2018나2007588

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(영문) 서울고등법원 2018.08.31 2018나2007588

손해배상(기)

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. 1) D Co., Ltd., on October 25, 2004, 56,826 square meters of E forest land in Ansan-si and Ansan-si (hereinafter “the instant forest land before the instant partition”).

A) The sales contract was prepared to sell KRW 950,000,000, and the transfer income tax was to be borne by the buyer (hereinafter “instant first contract”).

(2) According to the contract of this case, KRW 90 million is paid at the time of the contract, and the intermediate payment of KRW 200 million is paid on February 25, 2005, and the balance of KRW 660 million is paid on May 25, 2005. The above sales amount was paid by the Defendant in full.

3) The first contract of this case states “the Defendant and 20” as the buyer’s agent, and the following is attached to the B. The seller (D) recognizes the remainder payment date for seven months from the date of the contract as the buyer’s agent. - The seller (D) divides the land into the buyer’s name and without raising any objection to the transfer of the name to a third party under the seller’s name. - The seller shall issue his seal impression and issue his seal to the buyer at the time of divided sale by the buyer. - The seller shall be liable for taxes on the difference at the time of sale by the seller (D) and at least 60,000 won at the average. - The seller shall issue the seller’s seal impression within the extent of the amount calculated by calculating KRW 60,000 per square year at the time of issuance of the seal imprint, regardless of good cause. The seller’s intermediate payment and remainder payment by the seller (the Defendant) are done solemnly after the division of the forest of this case and the forest of this case after the division of this case.

From April 2005, the above forest was divided into seven parcels, including E Forest land 41,700 square meters (hereinafter “the forest of this case”) in Ansan-si.

2. The remaining seven parcels, excluding the forest land of this case, are finally H or H.

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