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(영문) 의정부지방법원 2017.04.13 2015구합10037
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 27, 2006, the deceased B (the deceased on December 1, 2007) donated 4/15 shares among the real estate listed in paragraph 1 of the attached Table, 2/3 shares among the real estate listed in paragraph 2 of the attached Table, and 3 and paragraph 4 of the attached Table to the Plaintiff, who is a female, and completed the registration of transfer of ownership based on the above donation on October 30, 206.

On March 2, 2007, the deceased Party B, completed the registration of transfer of ownership on the ground of donation on February 28, 2007, with respect to the 1/3 portion of the real estate listed in the separate sheet No. 2, which was completed in its own name.

B. On October 26, 2007, the Plaintiff completed each registration for transfer of ownership on October 22, 2007 with respect to the real estate listed in paragraph (1) of the attached Table Nos. 4/15 shares among the real estate donated by the network B, etc. as above and each of the real estate listed in paragraphs 2, 3 and 4 of the attached Table Nos. 2, 3 and 4 of the attached Table (hereinafter collectively referred to as “each of the real estate”).

(hereinafter referred to as "the transfer registration of each ownership of this case". (c)

On October 1, 2015, the Defendant: (a) deemed that each of the instant registrations of ownership was completed in the name C according to the title trust agreement (hereinafter “instant title trust agreement”); and (b) imposed penalty surcharges of KRW 330,294,270 on the Plaintiff on the ground that it violated Article 3(1) of the former Act on the Registration of Real Estate under Actual Titleholder’s Name (amended by Act No. 13713, Jan. 6, 2016; hereinafter “Real Estate Real Name Act”).

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the Plaintiff may recklessly consume the property, thereby making C manage each of the instant real estate through the method of title trust, and accordingly, the Plaintiff would have the Plaintiff manage the instant real estate.

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