부동산실명법위반 과징금부과처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On March 5, 1996, the Plaintiff entered into a sales contract with B on March 5, 1996, purchase of C forest land of KRW 1388 square meters (hereinafter “instant land”) at KRW 55 million in the Namyang-si, Namyang-si, which was designated as a land transaction permission zone B, and paid the said payment in full by paying the down payment amount of KRW 5 million on the same day, and KRW 5 million in the remainder on April 10, 1996, but the registration of transfer of ownership under the Plaintiff’s name was not completed.
B. On April 20, 1998, the instant land was released from designation in the land transaction permission zone due to the Ministry of Construction and Transportation announcement D on April 20, 1998. On November 19, 1998, the instant land was again designated as the land transaction permission zone E on November 19, 198, and was re-designated in the land transaction permission zone on May 25, 201.
C. On April 7, 2010, the Plaintiff filed a lawsuit against B, “B shall not transfer its registration, while the Plaintiff entered into the instant sales contract with the Plaintiff on March 5, 1996 and received all the payment thereof.” As to the instant land, the Plaintiff filed a lawsuit seeking the implementation of the procedures for ownership transfer registration due to the instant sales contract on March 5, 1996 (hereinafter “related civil lawsuit”), and was sentenced to the judgment in favor of the Plaintiff on June 25, 2010. The judgment became final and conclusive on July 20, 2010.
On April 26, 2011, the Plaintiff completed the registration of ownership transfer based on the instant sales contract dated March 5, 1996 with respect to the instant land.
E. The Defendant did not file an application for ownership transfer registration with the Plaintiff on November 25, 2013 following the procedure of submitting prior opinions, on the ground that the Plaintiff did not file an application within three years ( April 20, 2001) from the date of cancellation of designation of a land transaction permission zone pursuant to Article 10(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).