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(영문) 수원지방법원 2016.01.28 2015구합1787

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 November 17, 2011, the Plaintiff and the former wife B purchased D 303 102 Dong-si 102 (hereinafter “instant apartment”) from the Korea Land and Housing Corporation under the Plaintiff’s name, the Plaintiff’s mother and the former wife B’s mother, and completed the registration of ownership transfer under C’s name.

(hereinafter referred to as “registration of this case”). (b)

On December 22, 2014, when the divorce lawsuit between the Plaintiff and B is pending, conciliation was concluded with the following contents (the head office, 2013Dhap23 (the main office, 2013Dhap245 (Counterclaim) of the Military Court). The Plaintiff acquired the ownership of the apartment of this case from C on January 15, 2015.

1. The Plaintiff and B shall be divorced.

2.With respect to persons with parental authority and custody of the principal of the case (E, F, G), the following shall be determined:

B shall be designated as a person with parental authority and guardian of the principal of the case.

B. From December 22, 2014, the Plaintiff shall pay to B 1,000,000 won per month from the child support of the instant principal to the date before the principal of the case reaches the age of majority.

3. The plaintiff and B shall divide their properties as follows:

The plaintiff and B confirmed that they held title trust with the conciliation intervenor C.

B. By January 22, 2015, the Plaintiff shall pay KRW 30,000,000 to B at the same time upon receipt of the registration procedure for transfer of ownership of the instant apartment from the Intervenor to the conciliation intervenor.

If the plaintiff delays the payment of the above money, he/she shall pay damages for delay at the rate of 20% per annum.

C. The plaintiff takes over the collateral security debt of 288,00,000 won with maximum debt amount set forth in the apartment of this case, the debtor conciliation intervenor, the debtor conciliation intervenor, and the NongHyup Bank Co., Ltd.

C. On April 7, 2015, the Defendant: (a) on the ground that the Plaintiff violated Article 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), and (b) KRW 5,540,00 [=The assessed real estate value = KRW 277,00,000] 】 (the period during which the penalty surcharge is imposed on the basis of the assessed real estate value x the lapse of 5% period