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(영문) 대구지방법원포항지원 2019.02.19 2017가단103694
손해배상(기)
Text

1. As to KRW 46,486,113 and KRW 5,641,753 of the above money to the Plaintiff, the Defendant shall pay to the Plaintiff KRW 36,84,360 from May 31, 2016.

Reasons

1. The defendant is a person who runs real estate brokerage business under the trade name of "C" without qualification as a real estate broker.

On May 2015, the Plaintiff: (a) requested the Defendant to sell the instant land at 885 square meters (hereinafter “instant land”); (b) around June 2015, the Plaintiff entered into a sales contract with E to sell the instant land at KRW 274,000,000 (the purchase price of KRW 265,000,000,000) with the purchase price (the purchase price of KRW 265,000).

Since then, E terminated the above sales contract as a matter of financing, and around July 6, 2015, the Plaintiff entered into a sales contract with F, G, and H to determine and sell the land of this case as KRW 398,115,000 (hereinafter “instant sales contract”). The instant sales contract was a so-called sales contract, the actual sales price of which was KRW 265,00,000, or the sales price of which was KRW 398,115,00,000, which was the sales price of the instant land.

On June 22, 2015, the Plaintiff paid KRW 4,000,000 to the Defendant as real estate brokerage commission.

After all, the Plaintiff was subject to a disposition of imposition of capital gains tax of KRW 6,989,750 and individual local income tax of KRW 6,698,970 on August 20, 2016 by the head of the North Korean tax office from the Port of Port at Port on January 20, 2016, as a false report of the price of real estate transaction (business contract) under Article 8(3) of the Act on Report of Real Estate Transactions was discovered in relation to the instant sales contract.

On February 4, 2016, the Plaintiff paid KRW 11,465,700 as an administrative fine to North Korea-si, Posi-si, and paid the said capital gains tax and personal local income tax on September 30, 2016 to the Posi-si.

The Plaintiff filed a complaint against the Defendant on the grounds that the purchase price under the instant sales contract was falsely stated, forged, and exercised the purchase price, etc., but rather, against the Plaintiff on June 9, 2017.

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