부동산실명법위반 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 April 2005, the Plaintiff purchased F land and G land in E and E, which had been operating C real estate in E and its office assistants in E and the Plaintiff entered into an agreement with the Plaintiff to purchase the F land and G land in E,00. The down payment was made by the Plaintiff and the Plaintiff, E, in physical color, resells the intermediate payment and the remainder payment before the due date, and then 50% of the profit was made 50% of the profit.
B. On April 28, 2005, the Plaintiff prepared a loan certificate of KRW 200 million and gave it to D pursuant to the above agreement (However, on May 23, 2005, the Plaintiff received a loan certificate of KRW 250 million from D to secure the implementation of the above agreement, and on May 23, 2005, issued and delivered a loan certificate of KRW 250 million and KRW 100 million from D to the Plaintiff after three months in order to secure the realization of the profit stipulated in the above agreement. The buyer indicated that the above land was purchased at KRW 1.562 million in total from H on May 27, 2005 and purchased KRW 180 million in total and paid the down payment on the same day, with the mind of resale, as “the Plaintiff and the other four persons.”
C. However, D and E failed to identify a person who will purchase the above land prior to the date of the intermediate payment payment, and the Plaintiff, whose first intermediate payment payment date was different, additionally prepared an additional amount of KRW 200 million and paid it to H.
Accordingly, between D and D on July 2, 2005, the Plaintiff’s purchase and sale of the F land and G land in Dacheon-si will proceed with the Plaintiff, D and E, and D and E, instead of taking responsibility for the purchase price of the land, are responsible for the sale of the land and taxes and public charges (transfer income tax) and will not bear any burden on the Plaintiff.
‘’ has reached the conclusion of the agreement. D.
The purchase price of the above land was prepared by the Plaintiff except for the purchase price of KRW 30 million prepared by D. The Plaintiff paid the remainder of the purchase price on July 20, 2005, and the Plaintiff, D and E entered into an agreement on July 2, 2005.