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(영문) 수원지방법원 2016.07.19 2015구합66425

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 January 14, 1997, the Plaintiff sold at KRW 1,260,000 as the down payment on the date of the contract the Plaintiff received KRW 550,00,000 as the down payment, and the intermediate payment of KRW 100,00,000 as the intermediate payment until February 16, 1997, the remainder of KRW 610,000,000 as the remainder payment was paid until July 16, 1997.

The Plaintiff received from B a promissory note of KRW 100,000,000 for par value as of February 16, 1997 and two promissory notes of KRW 610,000 for face value as of July 16, 1997.

B. Around January 13, 1997, the Plaintiff entered into a sales contract for each of the lands listed in the separate sheet No. 1 (hereinafter “each of the instant lands”) and each of the lands listed in the separate sheet No. 1 (hereinafter “instant lands”) as collateral for the payment of each of the instant promissory notes as well as the purchase price of KRW 710,000,000 for each of the said promissory notes (hereinafter “instant lands”) and agreed to settle that the payment of each of the said promissory notes would be refused. However, the Plaintiff’s representative director D will complete the registration of transfer of ownership by title because each of the instant lands is a farmland-related relationship, and completed a sales contract with D as purchaser.

C. In the event that each of the above promissory notes was refused to be paid, D filed a lawsuit against E’s heir, the registrant of the instant land, seeking the implementation of the procedures for ownership transfer registration on January 13, 1997 with respect to each of the instant lands (U.S. District Court No. 97Gahap12290, hereinafter “instant previous lawsuit”), and the judgment was rendered on December 29, 1997, that “The mining construction will perform the registration of ownership transfer with respect to each of the instant lands to D” was final and conclusive.

The plaintiff.