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(영문) 수원지방법원 2017.09.20 2017구합66375
과징금부과처분 무효확인 청구
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On October 14, 2016, the Plaintiff filed a lawsuit against Suwon District Court case 2016Gahap77939, which requested the implementation of the procedure for the registration of ownership transfer concerning each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) and won a favorable judgment on October 14, 2016. The said judgment becomes final and conclusive on November 8, 2016. The grounds for the claim are as follows.

(hereinafter the above judgment (hereinafter referred to as the "final judgment of this case"). The plaintiff and the defendant (hereinafter referred to as "the cause of the claim") who are the original members of the office of administration (hereinafter referred to as "B") were married, and they completed the divorce report on September 7, 1998.

After that, the Plaintiff and the Defendant agreed on the division of property around December 5, 1998, and the Plaintiff transferred 1/2 of the Plaintiff’s share in the apartment house living together by the original Defendant while married, and the Defendant agreed to transfer each of the real estate listed in the separate sheet to the Plaintiff.

On December 26, 1998, the Plaintiff transferred the Plaintiff’s share 1/2 among the above apartment units to the Defendant, but the next day is the day on which the Plaintiff received the shares of the Defendant in each real estate listed in the separate sheet, and the Plaintiff requested the transfer of the shares of the Defendant.

B. On December 6, 2016, the Plaintiff completed the registration of ownership transfer on each of the instant real estate.

C. On February 17, 2017, the head of the Suwon-si District Office: (a) deemed that the Plaintiff did not complete the registration of ownership transfer with respect to each real estate listed in paragraph (1) of the attached Table No. 1 within three years from the date of the division of property, which was the date of the consultation on division of property; and (b) deemed that the Plaintiff constitutes a long-term unregistered person prescribed in the main sentence of Article 10(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), but (c) imposed a penalty surcharge of KRW 41,431,590, which was mitigated by 50/100 on the ground that it is not for

On February 28, 2017, the head of the branch office from among Defendant Pyeongtaek-si, the head of the branch office, from February 5, 1998 to three years, which is the date of division of property, against the Plaintiff.

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