과징금부과처분취소
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The Defendant, as of May 18, 2015, imposed a penalty surcharge of KRW 53,550,000 on the Plaintiff as of May 18, 2015, 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”) by making a registration of ownership transfer under the name C while the Plaintiff purchased the pertinent land and the building together with the said land and the building.
(hereinafter “instant disposition”). 2. Whether the instant disposition is lawful
A. 1) The Plaintiff’s assertion 1) The instant real estate was acquired by C, which was not a title trust to C, but was based on the premise that the Plaintiff trusted the instant real estate to C. The instant disposition was unlawful. 2) The Defendant’s real estate acquired by the Plaintiff and title trust to C, and thus the instant disposition is lawful.
B. In fact, as of April 5, 2012, a sales contract was concluded with respect to the instant real estate by the seller’s FJ G, the buyer C (representative G), the sales price of KRW 630,000,000. The Seoul Central District Court completed the registration procedure for the transfer of ownership in the name of C on the ground of the said sale as of May 11, 2012 under the receipt of No. 107314, May 11, 2012. On the other hand, the instant real estate was completed the registration procedure for the establishment of a mortgage with the Seoul Central District Court’s receipt of the maximum debt amount of KRW 650,00,000,000 as of May 11, 2012, as of the maximum debt amount of KRW 107315,00,000, the debtor C and the
3) As a co-debtor, the Plaintiff and C borrowed KRW 120,000,00 from E on July 10, 2012. 4) The Plaintiff and C jointly borrowed KRW 120,00,00 from E, and the Plaintiff and C have registered construction business on July 19, 2012, and have promoted a new aggregate building on the instant land and the Plaintiff’s ground owned by the Plaintiff (hereinafter “H land”).
5 The Plaintiff against C on February 5, 2013 concerning the instant real estate.