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1. All of the lawsuits filed by the Plaintiff (Counterclaim Defendant) against the Defendant’s annual income tax shall be dismissed.
2. Defendant (Counterclaim Plaintiff).
Reasons
1. Basic facts
A. 8 co-owners and 4 owners of H lending located in Seoul, Gangnam-gu, D, E, F, and G in each land and Ha were removed from the above H lending and detached houses, the resolution was adopted to reconstruct Mdong and B building on each of the above land, and the annual rent construction corporation (hereinafter “annual rent construction”) was selected as the contractor on June 21, 200, and the construction permission was issued from the head of Gangnam-gu on each of the above buildings.
B. However, the reconstruction project of this case was delayed because some of the above owners sold their respective buildings and land (shares) and were omitted in the said reconstruction project, and the problems such as relocation expenses and settlement of shares between the annual construction and some H lending owners were not resolved well.
After that, each owner of the above land has reached an agreement between the annual construction and the construction work, and on February 19, 2002, the new construction contract was entered into with the defendant corporation on February 19, 2002, and the defendant corporation succeeded to the right of construction and the right of sale of annual construction.
C. The Defendant Annual Co., Ltd. performed the construction work of each of the above buildings and completed the construction work of Mdong and B, including the instant real estate, on July 2003. However, due to the issue of capital gains tax burden, there was a dispute among the owners of HJD, and accordingly, the approval for use of MAdong and B, including the instant real estate, has not been granted until now.
Meanwhile, on June 10, 2005, the Plaintiffs purchased the instant real estate at KRW 1,200,000,000 between the Co., Ltd. Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and the Co., Ltd. (hereinafter “Co., Ltd. (hereinafter “Co.”), a lawsuit taken place by Co., Ltd. (hereinafter “Co., Ltd.”) on August 25, 201, and paid KRW 500,000,000 as of June 10, 2005, and paid KRW 500,000,000 as of July 4, 2005, within ten days after completion.