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(영문) 수원지방법원 2019.06.27 2019구합60364
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 October 204, the Plaintiff (her husband of B) who represented B by the conclusion of the instant sales contract and the registration of ownership transfer shall be 932 square meters (282 square meters, hereinafter “D land”) owned by C from Pyeongtaek-si (282 square meters, hereinafter “D”).

) The E is 142 square meters (43 square meters, hereinafter referred to as “instant land”).

) The sales price of KRW 377,3750,00 (i.e., KRW 1.15 million x KRW 325 square meters x down payment 20 million ; KRW 100,000 for the first intermediate payment of KRW 100,000 at the time of the contract; KRW 100,000 for the second intermediate payment of KRW 10,000 for November 26, 2004; and KRW 15375,00 for the remainder of KRW 150,000 for each payment on December 28, 2004) is purchased (hereinafter “instant sales contract”).

(2) On November 1, 2004, C paid the down payment of KRW 20 million to C, and on the same day, on November 1, 2004, C prepared a real estate sales contract (hereinafter “the first sales contract”) with the purport that (i) the purchase price of D land is KRW 197.4 million (the down payment of KRW 20 million is KRW 10 million on November 26, 2004, and the intermediate payment of KRW 77.4 million on January 28, 2005, each payment of KRW 70 million on January 28, 2005) and (ii) the sale price of the instant land to F (the Plaintiff’s relative) KRW 49.41 million (the remainder of KRW 5 million on the contract deposit, KRW 444.1 million on January 28, 2005, each of the real estate sales contracts (hereinafter “the each of the real estate sales contracts”).

3) Pursuant to the instant sales contract, B paid C the remainder of KRW 60 million among the intermediate payments on November 5, 2004, ② on November 12, 2004, ② the remainder of KRW 40 million among the intermediate payments (i.e., KRW 100 million -60 million), ③ on December 2, 2004, KRW 45 million among the intermediate payments (i.e., December 2, 2004), respectively, paid C the intermediate payment of KRW 5 million to B on January 3, 2005 (i.e., KRW 10 million - KRW 45 million) and the intermediate payment of KRW 150 million by November 15, 2005 (i.e., KRW 150 million) and KRW 450 million by the date of the said intermediate payment, and (ii) upon the date of the said purchaser’s deposit of KRW 500 million, the intermediate payment of KRW 1500,500,000.

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