beta
(영문) 서울고등법원 2017.07.07 2016누67105

과징금부과처분취소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance is with merit: (a) the Enforcement Decree of the Act on the Registration of Real Estate under Actual Titleholder’s Name (amended by Presidential Decree No. 27762, Jan. 6, 2017) is amended to “the former Enforcement Decree of the Act on the Registration of Real Estate under Actual Titleholder’s Name” in Section 7 of the judgment of the court of first instance; and (b) the testimony of the witness B of the court of first instance is added, and even if considering that the testimony of the witness B of the court of first instance is added, the fact-finding and the judgment of the court of first instance are justifiable that “the evidence submitted by the defendant alone is insufficient to recognize the Defendant’s assertion that the Plaintiff trusted 2/5 of the real estate of this case to D

Therefore, it shall be quoted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff's claim should be accepted on the ground of its reasoning.

The judgment of the first instance court is just in conclusion, and the defendant's appeal is dismissed as it is groundless.