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(영문) 수원지방법원 2016.10.18 2015구합69967
과징금 및 이행강제금 부과처분 무효확인
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 August 12, 2002, the registration of ownership transfer was completed on August 12, 2002 with respect to the land of 407 square meters, 207 square meters prior to B, 32,856 square meters prior to D, and 1,296 square meters prior to D (hereinafter collectively referred to as “each of the instant lands”), and on January 12, 2004 on the grounds of sale as of January 6, 2004.

(hereinafter) The registration of ownership transfer in F’s name was completed on November 7, 2008, when F died on November 7, 2008, and on June 1, 2011, F’s registration of ownership transfer was completed in G, which is the wife of F due to the inheritance by consultation and division with respect to the area of 407 square meters in each of the instant lands in militaryposi-si B.

B. On the other hand, on February 11, 2004, the Korea Technology Credit Guarantee Fund received a provisional injunction against the disposal of real estate in each of the instant lands (U.S. District Court 2004Kahap146), and completed the registration on February 14, 2004, on which it received a provisional injunction against the disposal of real estate in each of the instant lands (U.S. District Court 2004Kahap124, Jun. 4, 2004) and completed the registration on June 4, 2004, with the right to claim restitution due to the revocation of fraudulent act as a preserved right.

(hereinafter the above two provisional dispositions are collectively referred to as "the provisional dispositions of this case").

The Korea Technology Credit Guarantee Fund as Seoul Central District Court 2004Gahap28394, the Korea Credit Guarantee Fund as Seoul Central District Court 2004Gahap104892, and the Korea Credit Guarantee Fund as F, respectively, filed a lawsuit for revocation of fraudulent act against each of the above courts. On June 10, 2005 and October 14, 2005, each of the above courts rendered a judgment to the effect that "F will cancel a sales contract concluded on January 6, 2004 between F and E, and F will implement the procedure for cancellation registration of ownership transfer registration of this case to E, and each of the above judgments became final and conclusive around that time.

(hereinafter collectively referred to as "the judgment revoking the fraudulent act of this case") D.

The plaintiff is about the land of this case between Suwon District Court Decision 201No. 2765 and E.

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