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(영문) 서울행정법원 2015.09.10 2015구합4952

과징금부과처분취소

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1. Of the instant lawsuit, KRW 52,545,410, the Defendant imposed a penalty surcharge of KRW 73,382,210 on the Plaintiff on January 20, 2015.

Reasons

1. On January 20, 2015, the Defendant: “The Plaintiff entered into a sales contract with C on January 12, 2007 and D 243.4 square meters, and paid the purchase price on July 4, 2007, and did not complete the registration of ownership transfer regarding the above land (the above land was incorporated into Seoul Special Metropolitan City D large 486.8 square meters on February 19, 2008; hereinafter “land after annexation”) on the ground that Article 30 of the Act on the Registration of Ownership Ownership of Real Estate No. 5 (hereinafter “the instant building”) was newly constructed on March 20, 208 with B, and completed the registration of ownership transfer on May 31, 201, 201, and subparagraph 1 of Article 3 of the Act on the Registration of Ownership Ownership of Real Estate No. 5 (hereinafter “the instant building”) on March 20, 201, and completed the registration of ownership transfer on May 31, 2013

(hereinafter referred to as “instant disposition”). / [Grounds for recognition] without dispute, entry in Gap’s Evidence Nos. 2, 6, and 7, and the purport of the whole pleadings

2. Whether a request for revocation of the part exceeding KRW 52,545,410 of the instant disposition is legitimate, or not, of the instant disposition, is made in accordance with attached Table 4-2 of Article 4-2 of the Enforcement Decree of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Enforcement Decree of the Act on the Registration of Real Estate under Actual Titleholder’s Name”), where the period of the breach of duty is less than one year and less than one year, and where the period of the breach of duty is more than one year and not more