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(영문) 부산지방법원동부지원 2019.10.17 2018가단207344
약정금
Text

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

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

Reasons

1. Basic facts

A. On August 30, 198, the Plaintiff completed the registration of ownership transfer on the basis of sale with respect to F. M. F., Busan-gun, Busan-gun (hereinafter “instant real estate”). On March 14, 2002, the Plaintiff sold the instant real estate at KRW 50 million to the deceased G (hereinafter “the deceased”) on March 14, 2002, but the registration of ownership transfer was not completed in the future due to the deceased’s failure to receive the certificate of farmland sale.

B. On July 1, 2015, the Plaintiff sold the instant real estate in KRW 170 million to H (hereinafter “instant sales contract”) and completed the registration of ownership transfer on August 4, 2015 (hereinafter “instant sales contract”).

C. Plaintiff B, C, and E are the deceased’s successors, and Defendant D are the brokers of the instant sales contract.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff, on July 1, 2015, agreed to sell the instant real estate to H and complete the registration of ownership transfer, between the deceased’s inheritors and the Defendants from March to July 2015, to be paid taxes, public charges, and capital gains tax on the instant real estate from March 1, 2002 to July 1, 2015. As such, the Defendants are jointly and severally liable to pay the remainder after deducting KRW 7,00,000 already received from the Plaintiff’s total of KRW 33,549,610, local taxes (including additional charges), and KRW 3,316,750, which are 36,86,360, and damages for delay.

B. The evidence presented by the Plaintiff alone is insufficient to acknowledge that the Defendants agreed to pay to the Plaintiff taxes, public charges, and capital gains tax incurred on the instant real estate, as alleged by the Plaintiff, and there is no other evidence to acknowledge the agreement.

Even if there was such an agreement, in full view of the respective descriptions and arguments of Gap 7 and 8 (including paper numbers), the plaintiff is under his own name.

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