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(영문) 부산지방법원 2019.01.25 2018구합23719
양도소득세부과처분취소
Text

1. Of the plaintiffs' lawsuits of this case, each part of the plaintiffs' claim for revocation exceeding KRW 522,421,840, respectively.

Reasons

Details of the disposition

On January 17, 2012, the Plaintiffs jointly concluded a sales contract with the Korea Land and Housing Corporation (hereinafter referred to as the “Corporation”) with the terms that the Corporation shall acquire the sales price of KRW 36,263,90,000 (hereinafter referred to as the “instant land”) at KRW 36,263,90,000, as follows, as the following:

Article 1 (Sales Price and Price Payment Method) (1) The Plaintiffs (hereinafter “A”) purchase the instant land from the Corporation at the following price (hereinafter “B”), and the sales price shall be paid to B in accordance with the payment method of “A” attached Form 1.

(2) A shall pay B the interest rate of 6% per annum on the remaining amount not paid for each installment day.

In such cases, the interest rate shall commence from the date of conclusion of the contract (the date of approval for land use or the date of area calculation notified by B where the contract is concluded with the temporary divided area before the completion of the construction project).

Article 2 (Compensation for Delay) (1) If a Party A fails to pay the purchase price (referring to the principal and interest on the installment, including the settlement amount) under Article 1 on a day after paying it, it shall be paid to Party B the amount in arrears calculated by applying the interest rate of 13% per annum during the total period of delay.

Provided, That where the total period of delay is less than one month, the interest rate of 9% per annum, and where the total period of delay is less than three months, it shall be calculated by applying the interest rate of 11% per annum.

In such cases, the delayed period shall be calculated from the day following the date of payment.

Article 3 (Use of Land subject to Use) (2) In cases where A intends to use the land subject to use, he/she shall provide a security for the remaining price not paid in full or in full, and obtain a consent to use B.

Provided, That the development project is completed and pointed out.

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