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(영문) 수원지방법원 2015.12.09 2015구합64931

과징금부과처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 28, 1990, the Plaintiff entered into a sales contract with B as to the land of this case 942 square meters and 1,808 square meters prior to Gwangju City (hereinafter “each land of this case”), and as to each land of this case, the Plaintiff was sentenced to a favorable judgment from the above court on December 20, 1990 and completed the registration of the provisional disposition on November 7, 1990 after receiving the decision of prohibition of disposal on November 5, 1990, the Plaintiff filed a lawsuit seeking implementation of the procedure for registration of ownership transfer against B as to each land of this case under Suwon District Court Sungnam Branch Branch 90Ka6865, Suwon District Court Branch 90da6865, and the judgment became final and conclusive at that time.

B. The Plaintiff was unable to complete the registration of ownership transfer as farmland due to the Plaintiff’s failure to obtain the qualification certificate for acquisition of farmland, and completed the registration of ownership transfer with the qualification certificate for acquisition of farmland issued on June 17, 2014.

C. On September 16, 2014, the Defendant: (a) applied Article 10 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”) on the ground that the Plaintiff entered into a contract with the content of the ownership transfer of real estate and did not register the ownership transfer thereof for a long time; and (b) imposed penalty surcharges of KRW 156,928,240 on the Plaintiff (hereinafter “instant disposition”). (c) The Defendant did not dispute over the grounds for recognition; (d) the details of the Plaintiff’s evidence Nos. 1, 2, 5, 1, and 3;

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1 did not obtain certification of farmland acquisition qualification for each of the instant lands due to purchase of each of the instant lands to use each of the instant lands as a factory site, etc. without the intention of farming at the time of the above sales contract. Therefore, the above sales contract is null and void, and thus, cannot be said to bear the obligation to file an application for ownership transfer registration pursuant