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 July 7, 198, the Plaintiff purchased each share of KRW 165.29/2,051, among 2,051 square meters (hereinafter “instant land”) from Hanam-si and Da on July 7, 1988, in the purchase price of KRW 15,00,000,000, and paid all of the purchase price around that time, but did not apply for the registration of ownership transfer with respect to the share of the said land.
B. On June 12, 2013, the Plaintiff filed a lawsuit seeking the registration of ownership transfer with respect to the share of the instant land against Suwon District Court Branch B and C (2013dan21856), and received a favorable judgment from the said court on November 29, 2013, and completed the registration on December 31, 2013, which is after the said judgment became final and conclusive.
C. On January 26, 2015, the Defendant, upon becoming aware of such fact, imposed a penalty surcharge of KRW 24,00,100 on the Plaintiff by applying Article 10 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).
Accordingly, the Plaintiff filed an administrative appeal on April 22, 2015, but the Gyeonggi-do Administrative Appeals Commission rendered a decision to dismiss the Plaintiff’s claim on August 5, 2015.
On August 26, 2015, the Plaintiff requested reduction of penalty surcharges on the ground that he/she was a basic recipient of 82 years of age and was a person who has rendered distinguished services to the Vietnam War. On August 27, 2015, the Defendant rendered a decision to reduce penalty surcharges of 24,000,100 won by reducing penalty surcharges of 50/100 on August 27, 2015 pursuant to Article 5(3) of the Real Estate Real Name Act and Article 3-2 of the Enforcement Decree of the same Act.
(hereinafter referred to as "instant disposition" for the imposition of a penalty surcharge remaining after reduction of the disposition on January 26, 2015. (hereinafter referred to as "the grounds for recognition") / [the fact that there is no dispute, Gap evidence 1, 2, Eul evidence 1, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is entitled to register the transfer of ownership as at July 7, 198 because B and C did not issue and deliver documents related to the transfer of ownership at the time of purchase of the instant land.