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(영문) 수원지방법원 2016.02.16 2015구합64757
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. In the case of a real estate auction conducted as Suwon-si District Court with respect to the volume of 853 square meters prior to A, B, 4,175 square meters prior to C, the volume of 1,812 square meters prior to D, the volume of 1,812 square meters prior to D, the volume of 2,079 square meters prior to D, the volume of 1,220 square meters prior to G, the volume of 66 square meters prior to H, the volume of 4,694 square meters prior to J, the volume of 2,132 square meters prior to J, and the volume of 1,795 square meters prior to K, and the value of each land is individually named. In the case of a real estate auction conducted as Suwon-si, Suwon-si, the value of land A is under the name of M; in the name of C, C, and F, the name of D and E land; in the name of 1, 200 square meters prior to G; and in the name of D 2, the name of 1, Y.

(hereinafter referred to as “M, etc.”) in total

B. The Defendant imposed a penalty surcharge of KRW 4,635,719,50 on the Plaintiff pursuant to Article 5(1)1, (2)1, and (3) of the Real Estate Real Name Act and attached Table 3-2 of the Enforcement Decree of the Real Estate Real Name Act, on February 13, 2015, on the ground that the Plaintiff, as the actual purchaser of each of the instant lands, was in title trust with M, etc., in violation of Article 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), and the detailed details of the calculation of the penalty surcharge are as follows.

The base rate for the period of imposition (C) of the real estate value (A) of 151,620,750 won per 151,620,750 won per 151,620,750 won per 151,620,750 won per 150,000 won per 32,276,136,000 won per 1036,034,000 won per 4F 41,496,80,80,80,80,80,000 won per 30,50,000 won per 1,66,80,80,80, 20,000 won per 374,20,20,200,000 won per 379,20,000,000 won per 379,379,000,000 won per 680,1384,08

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