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(영문) 대구지방법원 2016.01.13 2015구합2071
과태료부과처분 취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The background of the disposition is that the Defendant filed a false report on the real estate transaction price to the Plaintiff on May 9, 2015, and the Act on Report on Real Estate Transactions (hereinafter “Real Estate Transactions Act”).

(ii) impose an administrative fine of KRW 23,850,00 on the basis of Article 8 of the Act and Article 6 of the Enforcement Decree of the same Act;

(hereinafter “Disposition imposing the fine for negligence of this case”). 【Disposition imposing the fine for negligence of this case’s case’s 【Ground of recognition’s absence of dispute, entry of Gap’s No. 1 (including additional number), and purport

2. Whether the lawsuit of this case is lawful

A. The instant lawsuit is unlawful, since it can only be dissatisfied with the procedure set forth in the Act on the Regulation of Violations of Public Order with respect to the imposition of the Defendant’s defense fines, and it cannot be contested

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. Articles 8(3) and 3(1) of the Act on Report of Real Estate Transactions provide that where a party to a transaction of real estate files a false report on the transaction value of real estate, an administrative fine shall be imposed. Article 6 of the Enforcement Decree of the same Act provides for the criteria for imposition of administrative fines, but does not separately provide for procedures for

Meanwhile, Articles 20(1) and (2), 21(1), 25, 36(1), and 38(1) of the Act on the Regulation of Violations of Public Order may file an objection in writing with the relevant administrative agency within 60 days from the date on which the administrative agency is notified of the imposition of the administrative fine. In the event of an objection, the imposition of the administrative fine shall lose its effect, and in the case of an objection, the administrative agency in receipt of the objection shall notify the competent court along with its opinion and documentary evidence within 14 days from the date on which the objection is filed, and the competent court in receipt of the notification shall render a judgment on the administrative fine by decision with reasons attached. Article 5 of the same Act conflicts with the provisions of other Acts concerning the procedures for the imposition, collection, trial, and execution of the administrative fine.

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