beta
(영문) 대전지방법원 2014.07.09 2013구합101233

과징금 및 이행강제금 부과처분 취소청구의 소

Text

1. The Defendant’s disposition of imposing KRW 86,132,700 on the Plaintiff on August 19, 2013 is revoked.

2. The plaintiff.

Reasons

Details of the disposition

The Plaintiff purchased real estate at KRW 195,00,000,000 for KRW 195,000,000,000,000 for KRW 1,392 square meters prior to Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seoul, which had been registered under the name of Dong C from B around November 1, 1995, as well as KRW 549 square meters prior to E, F, and KRW 1739 square meters prior to G (hereinafter “instant real estate”). At that time

With respect to the instant real estate, the change in the ownership transfer registration concerning the instant real estate was made in the name of C on June 13, 1981. On December 23, 1995, in the name of H, I, J, and K (hereinafter “C’s heir”), the heir of C on December 23, 1995, the transfer registration for ownership was made for inheritance as of October 30, 1992, and the transfer registration for ownership was made under L’s name on May 31, 1992 on May 8, 1992.

On June 4, 2009, B made a written statement to the Plaintiff stating that “The instant real estate was held in title by the Plaintiff or held in title trust with L, and even at the time of the request of the Plaintiff, I would be jointly and severally liable with L for the performance as above.” B died on December 7, 2009, and as the bereaved family members, N,O and P, who are M and children, were co-inheritors.

3) On June 29, 2011, the Plaintiff filed a lawsuit claiming for damages against B’s inheritors as Seoul Central District Court Decision 201Gahap65988, asserting that B incurred losses due to B’s failure to perform the registration of ownership transfer of the instant real estate. However, on April 17, 2012, the Plaintiff lodged a judgment dismissing all the remainder of claims except for P’s claims. Accordingly, the Plaintiff appealed. On May 30, 2013, the appellate court (Seoul High Court 201Na4012) issued an order for the said inheritors to implement the procedures for registration of ownership transfer on the grounds of a sale in the name of the deceased and the end of November 195.