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(영문) 인천지방법원 2015.12.18 2015가단228606
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiffs for each of the money listed in the separate sheet 1 and each of the above money from April 4, 2015.

Reasons

1. Facts recognized;

A. The Korea Land and Housing Corporation sold 6-hours of the T block (current lot number U, Nam-gu, Incheon, hereinafter “instant site”) to the Defendants, and the Defendants paid in full the sale price and sold the portion of exclusive ownership by newly constructing a building on the instant site.

B. From March 2008 to August 2012, the Plaintiffs acquired the ownership of each section of exclusive ownership indicated in attached Table 1 among the above buildings.

C. On February 1, 2011, the registration of ownership transfer was completed in the name of the Korea Land and Housing Corporation, but no registration was made in the name of the Defendants. The Plaintiffs, who acquired the right to use site upon acquiring the said section of exclusive ownership, filed a lawsuit against the Korea Land and Housing Corporation by subrogationing the Defendants against the Defendants (In Incheon District Court 2014Gahap4480). On December 26, 2014, the said court decided to recommend reconciliation that “the Korea Land and Housing Corporation shall implement the procedures for registration of ownership transfer for the right to share in the attached Form 2 out of the instant site to the Defendants on December 18, 2006,” and the said decision became final and conclusive as is.

The Plaintiffs filed an application for registration of transfer based on the above decision of recommending reconciliation on behalf of the Defendants, and paid each registration tax equivalent to the amount of compensation as stated in attached Table 1, respectively at the time of registration.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1 to 16, Eul evidence 1, Eul evidence 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of recognition, the Defendants jointly and severally seek the amount equivalent to each registration tax paid by the Plaintiff on behalf of the Defendants, and for this reason, from April 4, 2015 to September 21, 2015, the date of the final delivery of the complaint of this case, which is 5% per annum under the Civil Act, and from the following day to the date of full payment.

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