과징금 및 이행강제금부과처분취소
1. The Defendant’s imposition of a penalty surcharge of KRW 307,500,000 against the Plaintiff on July 25, 2014 is revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. Dong-si Housing Construction Co., Ltd. (hereinafter “Dong-si Housing Construction”) borrowed money from the Plaintiff, etc. around July 2002 to newly construct C apartment 64 households (hereinafter “instant apartment”) on the 15 lots outside old-si B and old-si.
B. The Dong Mine Housing Construction completed the registration of ownership preservation on February 20, 2006 on the apartment of this case, and completed the registration of ownership transfer on September 15, 2006 on the ground of the pre-sale agreement made on July 26, 2002, and completed the registration of ownership transfer on January 29, 2007 on the ground of sale as of October 9, 2006.
C. On January 29, 2007, the Plaintiff completed the registration of creation of a mortgage (hereinafter “mortgage”) with respect to the apartment of this case on January 18, 2007, on the ground of each of the contract establishing a mortgage on January 18, 2007, with the Plaintiff’s children, KRW 50 million, the maximum debt amount, KRW 1.35 billion, the debtor’s wife E, and KRW 1.35 billion, the debtor’s housing construction (hereinafter “instant mortgage”).
On July 25, 2014, the Defendant: (a) completed the registration of ownership transfer with respect to the instant apartment in order to secure loan claims for the housing construction; and (b) violated Article 3 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”) by establishing each of the instant collective security rights in the name of D/E in order to secure the amount to be distributed in the event that the instant apartment is sold by auction; (c) imposed penalty surcharge of KRW 37.5 million on the Plaintiff pursuant to Article 5(1) of the Real Estate Real Name Act (i.e., the amount of claims secured by each of the instant collective security rights x KRW 1.23 billion x 25 percent) (hereinafter “instant disposition”).
【Reason for Recognition】 Each entry and pleading of the evidence of Nos. 1, 2, 4, 5 through 8, and 6 (including each number; hereinafter the same shall apply).