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(영문) 서울고등법원 2018.05.17 2017나2061592
전부금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. The reasoning for this part of this Court is as follows, and the reasoning for this part is as stated in Paragraph 1 of the judgment of the first instance, and such reasoning is accepted pursuant to the main sentence of Article 420 of the Civil Procedure Act.

The "K Land" in the 4th 7th Myeon shall be raised into "G land".

The 5th to 2th 5th Happ are as follows.

A person shall be appointed.

F. D, on July 2, 2007, additionally imposed capital gains tax of KRW 573,690,200, resident tax, and KRW 57,482,490 from the head of Suwon District Tax Office on the transfer of the instant land, building, Gyeonggi-gun J land, and paid all around that time.

The 5th 7th 7th eth eth eth eth eth eth eth eth eth eth 840,000,000 won) and the 12th eth eth eth eth eth eth eth eth eth eth eth eth eth e.g.

At the bottom of five pages, “B Nos. 1 and 2” shall be changed to “B 1, 2, B 15, 16”.

2. The parties' assertion

A. On August 2003, Plaintiff D demanded the Defendants to cancel the agreement of the instant sales contract, since it was anticipated that Plaintiff D will additionally bear a large amount of capital gains tax, etc. as the preparation of a multilateral contract was clearly stated.

Accordingly, the Defendants agreed to pay the amount equivalent to the transfer income tax if D bears additional transfer income tax, etc., and Defendant B, with the consent of Defendant C, prepared the instant written confirmation containing the above terms and conditions to D with the consent of Defendant C.

Since D was imposed capital gains tax and resident tax on July 2, 2007 and paid them additionally, the Defendants jointly and severally have the obligation to pay the Plaintiff the total amount of D’s above-mentioned contract deposit claims, KRW 540,306,770, resident tax and KRW 54,030,670, total of KRW 594,337,440, and delay damages.

B. Defendants BA) D and the Defendants agreed on the modification of the expropriation compensation to be paid D, excluding the land adjacent to the instant case from the sale subject matter, and the instant case.

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