100% Victory in Claim for Damages Due to Breach of Real Estate Capital Gains Tax Payment Agreement
26-09-15 15
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1. Case Overview
"They promised to handle all tax issues... but what returned was a penalty tax bomb of tens of millions of won?"
During the process of selling real estate, the client paid a large commission to a real estate consulting agent who agreed to handle all sale-related tasks and "bear the full amount if capital gains tax is incurred." However, after taking the commission, the agent neglected their duties and falsely reported the client's number of owned homes to the tax authorities. When this false reporting was discovered, the innocent client was hit with a massive capital gains tax and penalty tax bomb amounting to tens of millions of won. The client, who firmly believed the taxes would be handled legally and had even paid extra, sought out Law Firm Theo while suffering from severe mental and financial distress.

2. Attorney Assistance Plan
"Flawless evidence collection and sharp legal application leaving no room to escape"
Upon taking the case, Law Firm Theo's dedicated team wove a meticulous legal net to ensure the opposing party could not evade responsibility.
- Rapid Securing of Decisive Evidence: We thoroughly collected and presented scattered evidence to the court, including special contract clauses (tax burden provisions), recorded call logs where the opponent inadvertently admitted their fault, and complex bank transfer details.
- Sharp Legal Analysis and Attack: We anticipated that the opponent would shift the blame, claiming it was "the tax accountant's fault." Therefore, Theo's defense team completely blocked this excuse by clearly proving that the negligence of the tax accountant hired by the opponent (performance assistant) equated to the legal responsibility of the opponent themselves.
- Flawless Litigation Design Including Preliminary Claims: We drafted a perfect complaint so that the client would inevitably win 100% regardless of the court's perspective, configuring not only a claim for damages due to default on obligations but also a preliminary claim for the return of unjust enrichment.

3. Result of Assistance
"100% full victory for damages! Opponent bears all litigation costs"
Overwhelmed by Law Firm Theo's overwhelming evidence and logical legal arguments, the court ruled entirely in favor of the client, accepting 100% of their claims. The court ordered the opponent to compensate the full amount of damages (approximately 30 million won), including the taxes and penalties imposed on the client, plus high-interest delay charges, and further ruled that the opponent must bear all litigation costs. The client, who almost unfairly took on tens of millions of won in debt, was able to completely recover their financial losses thanks to the swift and accurate assistance of Law Firm Theo.

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