beta
Text
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts and the grounds for the court’s explanation as to this part of the allegations by the parties are as follows: (a) the real estate sales contract (hereinafter “the first real estate sales contract”) was entered into on the 2nd, 6 through 7th, of the judgment of the court of first instance; and (b) the first real estate sales contract (hereinafter “the first real estate sales contract”) was entered into on the 3rd, i.e., “each 1/2 equity shares,” and except for the addition of “each 1/2 equity shares,” as stated in the 4th, i.e., the reasoning of the judgment of the first instance, and thus, they are cited by applying the main sentence of
2. Determination
A. As seen earlier, whether the existence of a side agreement between the Plaintiff and C and the additional payment was made or not, and that the Plaintiff and C set the sales price at KRW 313.6 million in the initial real estate sales contract.
However, in light of the following facts and circumstances that can be recognized by comprehensively considering the evidence Nos. 3 (including each number, hereinafter the same shall apply) and evidence Nos. 5, and the fact-finding results of the first instance court’s first instance court’s fact-finding and the purport of the entire pleadings, the Plaintiff and C, at the time of concluding the first real estate sales contract, shall be KRW 387,400,000,000,000 at the time of concluding the first real estate sales contract; however, there was a side agreement between the Plaintiff and C, stating that the purchase price shall be KRW 31,360,000,000,000,000,000,000,000 won should be paid additionally after registration, and the Plaintiff paid the remainder of KRW 3
① On March 23, 2017, the Defendant: (a) on the instant real estate by the Plaintiff and its trustee, and (b) on March 23, 2017, the Plaintiff entered into a transportation contract of KRW 387,400,000,000, and (c) on the basis of the omission of capital gains tax and acquisition tax on KRW 73,80,000,000,000,000.