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(영문) 수원지방법원 2016.01.27 2015구합1718

과징금부과처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On April 7, 1970 between the Plaintiff and B, a land sale and purchase contract was prepared between the Plaintiff and B, which purchased at KRW 152,520,00 from Osan City, at KRW 372 on April 7, 1970.

3) On November 8, 197, the above D died on November 8, 1977, and (4) on August 12, 1987, the Plaintiff’s name, E, the Plaintiff’s office, entered into a registration of ownership transfer with respect to the above land on November 8, 197, with respect to the inheritance of divided property as the grounds for registration.

5) On March 4, 2005, G 429 square meters (hereinafter “instant real estate”) from the F land divided from the said land in Osan-si, Osan-si (hereinafter “instant real estate”).

B. B. The Plaintiff’s claim for ownership transfer registration was made and issued on April 24, 2005 to H, the Plaintiff’s children, as follows:

It shall prepare a written agreement with the recognition that E is owned by H and the delegation of its use and rights, although it is owned by E on the registration of the land of 3,26 square meters or less in the city of Masan-si, the 137 square meters or less in the agreement.

On April 24, 2005, E is deceased on January 29, 2012. The heir of the deceased on January 29, 2012. The heir of the deceased on January 24, 2012, K, L, and M. 3) The Plaintiff filed a lawsuit against the heir of the deceased on December 21, 2012 against the above deceased on the ground of the cancellation of title trust on the real estate of this case and on the 24m24m square meters N in Osan City, and received a favorable judgment (Uwon District Court Decision 2012Da73000, Defendant J, L, and M, service by publication).

4) The heir of the above network E filed an appeal against this (U.S. District Court 2013Na2136) but withdrawn an appeal on April 11, 2013.5) On May 30, 2013, the Plaintiff’s transfer registration under the name of the Plaintiff was made on the ground of the cancellation of title trust pursuant to the above judgment.

C. The Defendant is liable to impose penalty surcharges on January 2015.