이행강제금부과처분무효확인 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. Both the Plaintiff and C are private cancer registered in the Class A group.
B. As to the 3,299 square meters in Daegu-gu, Daegu-gu, the Plaintiff acquired (hereinafter “instant D”) and the 4,764 square meters in E field, the registration of transfer of ownership was completed on June 25, 2001, which was the Plaintiff’s well-known at the time of July 18, 2001.
C. At the time of October 5, 2004, the registration of transfer of ownership was completed on October 4, 2004, the Plaintiff’s well-known land as of October 5, 2004, and as of March 15, 2005, as of March 15, 2005, the registration of transfer of ownership was completed on February 7, 2005.
On October 13, 2006, the 4,764 square meters in Daegu Dong-gu E was divided into the E 4,459 square meters and J 305 square meters, and the said divided land was divided into the E 2,383 square meters in January 8, 2008 and the 2,076 square meters in K (hereinafter “instant land”). The said divided land was divided into the E 2,383 square meters in size on January 8, 2008 and the 2,076 square meters in K (hereinafter “instant land”). In addition, the instant land D, E, K, and G were subdivided into each of the instant land.
E. On February 29, 2008, the registration of ownership transfer was completed on the ground of sale on February 22, 2008.
F. On September 25, 2012, the Defendant imposed a penalty surcharge of KRW 39,813,780 on the Plaintiff pursuant to Articles 3(1) and 5 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”) and Article 3-2 of the Enforcement Decree of the Real Estate Real Name Act on September 25, 2012 on the ground that the Plaintiff held title trust with F and I of the instant land.
(g) The Defendant imposed KRW 20,758,700 for the first time enforcement fine on the Plaintiff, on December 5, 2013, on the ground that the Plaintiff did not complete the registration of ownership transfer concerning each of the instant land until one year from the date on which the penalty was imposed (hereinafter “instant imposition disposition of enforcement fine”), and on November 4, 2014.