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(영문) 수원지방법원평택지원 2015.05.08 2014가합1098
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 23, 2012, the Plaintiff determined the purchase price for each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) with the Defendant as KRW 2.5 billion, and the down payment KRW 800 million, among which, at the time of transfer registration of ownership in the name of the Defendant, the Plaintiff entered into a sales contract with the Defendant that, within one month after the Defendant completed an officetel in the name of the Defendant, the remainder of KRW 1.1 billion, and the remainder of KRW 800,000,000,000,000

(hereinafter “instant sales contract”). B.

At the time of the instant sales contract, the Plaintiff and the Defendant agreed that “the Defendant shall pay the Plaintiff an amount equivalent to the tax imposed on the transfer tax following the transfer of ownership at the time of taxation

(Article II, Section 8). (c)

After the Defendant paid KRW 800 million to the Plaintiff on March 23, 2012, the Defendant completed the registration of ownership transfer as the receipt of No. 18786, Apr. 12, 2012, with respect to each of the instant real estate by the Suwon District Court.

(hereinafter “each of the instant registration for transfer of ownership” (hereinafter “instant registration for transfer of ownership”). The instant registration for change of a real estate sales contract (amended clause) / [Article 2(8) and Article 2(8) of the instant sales contract / [the modified clause] Article 1 of the instant sales contract / [The Defendant’s obligation against the Plaintiff pursuant to the provisions of Article 2(8) of the sales contract of the instant case (Disposal of Transfer Income Tax) shall be deemed to have been completed as of August 31, 2012, and the Plaintiff shall not assert its performance against the Plaintiff.

In addition to the provisions of Article 2 (Liability for Payment in Kind of Transfer Income Tax) Article 1, capital gains tax of 340,061,390 (including additional charges and increased additional charges, if any) to be imposed on the plaintiff should be paid by the plaintiff or paid by the plaintiff in the name of the plaintiff.

Article 3 (Change of Balance) (1) Any balance to be paid in cash within one month after the completion of the building, among the provisions of Article 3 (Ga) of the sales contract of this case, shall be 1.1 billion won.

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