과징금부과처분취소
1. As to the plaintiff:
A. The head of Jeonju-si Special Metropolitan City is a penalty surcharge of KRW 301,883,610, which was imposed on November 28, 2016 by the head of Jeonju-si.
1. Details of the disposition;
A. On December 21, 2012, the Plaintiff completed the registration of ownership transfer (hereinafter “registration No. 1 of this case”) on December 21, 2012, 201 with respect to 1,101,765 square meters of forest land B in Yeongsan-gu Seoul Special Metropolitan City (hereinafter “Yan-gu forest land”) owned by the Plaintiff on December 21, 2012.
B. C entered into an exchange contract with the Republic of Korea (hereinafter “the Korea Forest Service”) to the effect that the ownership of the forest is to be acquired through the annual fixed sale system with the land subject to the exchange of the forest land at the time of harmony with the Republic of Korea on March 12, 2014, on March 13, 2014, after entering into the said exchange contract with the Republic of Korea (hereinafter “the instant second registration”). After completing the ownership transfer registration based on the said exchange contract (hereinafter “each of the instant registrations”) on March 13, 2014, the Plaintiff completed the ownership transfer registration on March 12, 2014 on the same day as of March 12, 2014.
C. On November 28, 2016, the head of Jeonju-si rendered a disposition imposing a penalty surcharge of KRW 301,883,610 pursuant to Article 5 of the Real Estate Real Name Act (hereinafter “instant first disposition”) on the ground that the registration of this case completed in the future C as the actual owner of the forest in Jeonju-si constitutes a title trust agreement in violation of Article 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).
As to the plaintiff on December 2, 2016, the defendant Sungsung City completed the registration of the instant case in the name of C notwithstanding the actual acquisition of the forest land in the name of Sungsung City, and imposed penalty surcharges of KRW 138,445,860 pursuant to Article 5 of the Real Estate Real Name Act on the ground that the plaintiff violated Article 3(1) of the Real Estate Real Name Act by completing the registration of transfer of ownership in the name of the plaintiff on the same day, and the disposition of the instant case No. 1 and 2.