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(영문) 수원지방법원평택지원 2014.11.26 2013가합4397
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties or may be acknowledged by taking into account the following facts: Gap evidence 1-1-2, Gap evidence 3-1-2, Gap evidence 4-2, Gap evidence 5-2, Gap evidence 9-2, Gap evidence 10, Eul evidence 11-1-3, Eul evidence 6-1-2, Eul evidence 7-2, Eul evidence 7-2, witness C, and Eul's testimony as a whole.

Around July 2011, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 1,480,00,000 for Pyeongtaek-si E, 4,305 square meters, F 209 square meters (for the two parcels, the two parcels have been divided and land category has been changed to each of the real estate listed in the separate sheet Nos. 1, 2, 4, and 6), and real estate listed in the separate sheet Nos. 3 (hereinafter referred to as “instant land”) listed in the separate sheet Nos. 1 through (6). On August 9, 2011, the Plaintiff entered into a sales contract with the Defendant to purchase for KRW 1,480,000,00, and stipulated a special agreement as follows with regard to

(1) The buyer bears all public charges incurred from civil engineering works. (2) The buyer bears the burden on the buyer. (3) The buyer bears all public charges incurred from civil engineering works.

3) The taxes, public charges, etc. imposed due to land development shall be determined as follows: ① Acquisition tax for land category change (the first class 2 of the return form shall be borne by the seller up to KRW 1,480,00,000 per square year by the seller, and the buyer shall be fully responsible from KRW 1,480,000 per square year by the buyer.

② The seller bears the refund of development gains from the seller’s average KRW 1,400,000 per square year, and the buyer bears the total liability from KRW 1,400,000 per square year.

The phrase “1,400,000,000” in this subsection appears to be written in writing “1,480,000,000” in light of the previous and previous contents.

③ All taxes and public charges generated from land development shall be borne by the Defendant of the seller up to KRW 1,480,000 per square year by the buyer, and the buyer shall be liable from at least KRW 1,480,000 to the total amount of KRW 1,480,000.

(4) Transfer tax reduction by 20% shall be granted.

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