beta
(영문) 부산지방법원 2020.08.13 2019구합24221

과징금부과처분취소

Text

1. The Defendant’s imposition of a penalty surcharge of KRW 111,441,440 against the Plaintiff on August 14, 2019 is revoked.

2...

Reasons

1. Facts of recognition;

A. The Plaintiff had a legal spouse for a long time and had a relationship with B for a long time, and the registration of ownership transfer was completed in B on each of the following real estate (hereinafter referred to as “instant real estate”).

1) The building D (hereinafter “C building”) of Busan Ho-gu C building is only called the “C building”).

On May 2, 2006, the registration of transfer of ownership was completed on the ground of sale as of April 26, 2006.2) On the shares of 3305/2730 of the land of the YY-gu Busan (hereinafter “instant factory site shares”) in Busan (hereinafter “instant factory site shares”) on October 2, 2013, the registration of transfer of ownership was completed on the ground of sale as of September 10, 2013.

3) The land-based building Busan Seo-gu E (hereinafter “instant factory building”) is only called the “instant factory building.”

On October 2, 2013, the transfer registration for ownership was completed on the grounds of sale as of September 10, 2013. 4) On the F Building G (hereinafter “F building”) in Busan, the transfer registration for ownership was completed on the grounds of sale as of December 12, 2014. < Amended by Presidential Decree No. 24879, Dec. 2, 2014>

B. Following the death of B on May 19, 2017, H, the deceased’s children, and I, on June 12, 2017, the registration of ownership transfer was completed due to inheritance on May 19, 2017 with respect to the instant real estate.

C. On July 4, 2017, the Plaintiff filed a lawsuit against H and I seeking cancellation of the ownership transfer registration in the name of H and I on the instant real estate on the ground that the Plaintiff had title trust against H and I (Seoul District Court Decision 2017Gahap109596, hereinafter “relevant civil case”).

In a related civil case lawsuit, H on January 8, 2018, "H" and "I" shall perform to the Plaintiff the procedure for the registration of transfer of ownership for the share of the factory site in this case and the factory building in this case on January 8, 2018, and the Plaintiff shall pay 15,000,000 won each to H and I until January 31, 2018, and the Plaintiff shall pay Busan District Court's Dong Branch 2017da20695.