The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal No. 1 are examined.

The Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”) provides that a penalty surcharge shall be imposed on a person entitled to registration, etc. who fails to file an application for the registration of ownership transfer (hereinafter “long-term unregistered person”) within three years from the date on which the payment in return is completed (Article 10(1)). If a person who has not registered a real estate files an application for the registration of ownership transfer even after the imposition of a penalty surcharge, the amount equivalent to 10/100 of the appraised value of real estate shall be imposed at the lapse of one year from the date on which the penalty surcharge is imposed, and the amount equivalent to 20/100

(Articles 10(4) and 6(2) of the Real Estate Real Name Act (hereinafter “Real Estate Real Name Act”). In full view of the content, structure, purport, etc. of the said Act, the enforcement fines imposed on a person who has not registered for a long time constitutes an indirect means of administrative enforcement that indirectly forces the performance of the obligation by granting psychological pressure that the enforcement fines will be imposed if the person who has not registered for a long time fails to perform his/her obligation to file an application for registration.

Therefore, if a long-term unregistered person performed the obligation of registration before imposing enforcement fines, the purpose of securing the performance by imposing enforcement fines is already realized. Thus, even if the obligation of registration is fulfilled after the lapse of the period stipulated in Article 6(2) of the Real Estate Real Name Act, enforcement fines cannot be imposed.

Nevertheless, the lower court subsequently applied for the registration of ownership transfer, insofar as a long-term unregistered person did not file an application for registration of ownership transfer within the period set by Article 6(2) of the Real Estate Real

Even if it is considered that enforcement fines can be imposed.