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(영문) 서울남부지방법원 2016.04.21 2015나57398
부당이득금
Text

1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Facts of recognition;

A. A, who was suffering from “Pins Empha-gun,” etc., requested the Defendant, who was the birth, to purchase an apartment under the name of the Defendant to provide medical treatment in the net thousands.

Around May 13, 2011, the Defendant: (a) reported the sales advertisement of G apartment Nos. 102 and 502 (hereinafter “instant apartment”); and (b) concluded a sales contract to purchase the instant apartment at KRW 100 million under the brokerage of Licensed Real Estate Agent H on May 15, 201 (hereinafter “instant sales contract”); (c) concluded the sales contract to purchase the instant apartment owned by F under the brokerage of Licensed Real Estate Agent H; (d) paid the down payment of KRW 10 million at the time of the contract; and (e) paid the intermediate payment of KRW 80 million at the time of the contract; and (e) paid the intermediate payment of KRW 80 million at the time of June 15, 2011; (b) delivered the instant apartment: Provided, That the Defendant prepared a sales contract to pay KRW 10 million to the seller on August 20, 201, in order to reduce or exempt the sales income tax; and (e) the Defendant paid KRW 10 million to F on the same day.

B. A, on June 12, 201, remitted trading intermediate payment of KRW 80 million to F, and around that time, moved to the apartment of this case.

C. Around August 20, 201, the remainder of the purchase and sale date, the Defendant paid KRW 10 million to the Defendant, and attempted to complete the registration of ownership transfer for the instant apartment. F, the seller, demanded the preparation of a pre-sale agreement, which lowers the transaction amount in order to reduce capital gains tax, and H, a licensed real estate agent, who arranged for sale, was liable to report within 60 days from the date of the sales contract, was confirmed to have passed 60 days from May 15, 201, which is the date of the actual sales contract.

Therefore, H makes a sales contract with a sale price of KRW 98 million on August 22, 2011 and with a lease deposit of KRW 90 million on the money previously paid before that contract amount of KRW 90,000,000,000,000,0000,000 on the date of the contract, and the remainder of KRW 80,000,000 shall be paid on June 12, 201.

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