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(영문) 서울행정법원 2015.04.09 2014구합21769

과징금부과처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On September 15, 2005, the Plaintiff sold the commercial building Nos. 334, 335, 369, 9, 345, 346, and 364 (hereinafter “each of the instant real property”) of Guro-gu Seoul, Guro-gu, Seoul, and paid the sales price in full on November 30, 2007.

B. On February 19, 2008, Flad Development completed the registration of ownership transfer in the name of each of the instant real estate, and completed the registration of ownership transfer in the name of Korea Asset Trust Co., Ltd. due to the trust on the same day. On August 14, 2008, Flad Development completed the registration of ownership transfer in that name due to the reversion of trust property.

On November 29, 2013, the Plaintiff completed the registration of ownership transfer with respect to each of the above real estate.

C. Meanwhile, Melavic Corer World completed the provisional attachment registration of each of the instant real estate at KRW 9,389,321,400 on July 5, 201, with the claim amounting to KRW 9,389,321,40. The said provisional attachment entry registration was cancelled on September 26, 2013.

On April 18, 2014, the Defendant imposed a total of KRW 104,097,340 on the Plaintiff on the ground that the Plaintiff violated Article 10(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).

(hereinafter referred to as "each disposition of this case"). The value of real estate of this case (as of 2013, won) shall be 2.29,902,405 square meters, and the appraised value of real estate of 334 square meters, and 10.36 land of 3.29,902,4405, 1516,980,480 3335, 10.41 land of 2.30,78,717,760, 743, 50369 369, 10.472.328,79,560, 10.47, 10.365, 207, 365, 207, 365, 364, 306, 105, 910;

E. The Plaintiff on January 2014