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1. The plaintiff's claim is dismissed.
3. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On November 25, 2010, the registration of the establishment of chonsegwon for the period from November 23, 2010 to November 22, 2012 was cancelled on November 26, 2012.B. The registration of the establishment of chonsegwon for the period from November 23, 2010 to November 22, 2012 was completed with respect to the apartment house of 303 Dong-dong 1303 (hereinafter “multi-dong 1303 apartment house”). The registration of the establishment of chonsegwon for the period from November 23, 2010 to the date from November 23, 2012 (hereinafter “multi-family housing of 2104”) was cancelled on November 26, 202.
C. On June 10, 2014, the Defendant: (a) deemed that the said two chonsegwon, the person having the right to lease on a deposit basis D, was the actual right to lease on a deposit basis, and accordingly, (b) imposed a penalty surcharge of KRW 322,50,000 (the specific calculation details are as follows) upon the Plaintiff pursuant to Article 5(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).
C The imposition rate of penalty surcharges on the basis of the assessment rate of real estate value of KRW 750,00,00 (amount of deposit for lease on a deposit basis): 10% (amount exceeding 500 million won but not exceeding 3 billion won): 15% (amount of penalty surcharges exceeding 2 years): 187,50,000 won =750,750,000 won x 25% (=10%) C612 Dong 2104 : The assessment rate of real estate value of KRW 900,000 (amount of deposit for lease on a deposit basis): 10% (amount of deposit) and 30% (amount of penalty surcharges exceeding 50,000 won but not exceeding 3 billion won): 105% (amount of penalty surcharges: 135,000,000,000 won per year) and 205% of the total amount of penalty surcharges x 30% of the appraisal price of real estate x 50% of the total amount of KRW 500
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is as follows.