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(영문) 부산고등법원(창원) 2017.06.07 2016누11721
과징금부과처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

(a) The name of the project for the designation and public announcement of industrial complexes: The public announcement of the development project for the second-specialized agricultural and industrial complex (hereinafter referred to as the "project of this case"): The defendant; the project operator under Article 2008-3 and the public notification of the Development Military on January 15, 2008; March 27, 2009-304;

B. On June 8, 2009, the project implementer changed the designation of the second-class agricultural and industrial complex (development plan) and the approval and announcement of the implementation plan (No. 2009-39 of the Hayang-gun’s Notification) from “Defendant” to “Defendant,” and thereafter, the project implementer changed the approval and announcement of the implementation plan for the second-class agricultural and industrial complex (No. 2009-66 of the Hayang-gun’s Notification) within June 16, 2009 to “Plaintiff”.

C. The Defendant, who was the previous project operator of the instant project, acquired most of the instant project sites, including each real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”), and completed the registration of ownership transfer.

Since then, although the project operator changed from the defendant to the plaintiff, the plaintiff continued the project in this case without changing the name of the owner of the project site in this case to the plaintiff, and completed the construction work of creating the 2-specialized agricultural and industrial complex on July 201.

On July 26, 2011, the Plaintiff agreed to KRW 10,866,848,560 of the project cost of the instant case at the meeting of the Consultative Council of Occupant Enterprises. On September 6, 2011, the Plaintiff submitted an application for authorization of completion to the Defendant, attaching the minutes of the meeting of the Consultative Council of Occupant Enterprises containing such contents, and the Defendant completed the completion on September 8, 201.

The Defendant’s Plaintiff did not apply for the registration of ownership transfer concerning the instant real estate after the three-year grace period under Article 10(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”) has expired after the completion of the imposition of penalty surcharge, and the Defendant imposed a penalty surcharge of KRW 140,693,780 on the Plaintiff on August 25, 2015.

(c).

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