1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. On November 9, 2001, the Plaintiff entered into a contract with A and B (hereinafter “A, etc.”) to purchase land of KRW 3.95,000,00 in the purchase price (hereinafter “instant sales contract”) owned by Gwangju City, a forest land of KRW 5,683 square meters and six parcels (hereinafter “the land before the instant partition”). After that, the Plaintiff entered into a contract with the Plaintiff on July 5, 2007, after dividing the land before the instant partition into a forest of KRW 135,00 square meters and about KRW 145,00,00,000, as indicated in the attached list, (hereinafter “instant land after the instant partition”), and completed the ownership transfer registration (hereinafter “the ownership transfer registration”).

② On February 3, 2009, the Defendant imposed penalty surcharges of KRW 1,267,986,660 on the Plaintiff pursuant to Article 10(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”) on the ground that “the Plaintiff completed the registration of ownership transfer of this case after the lapse of three years from the date of the instant sales contract.”

[Reasons for Recognition] No. 1-5, Gap evidence No. 2, 5, 7, Eul evidence No. 1-4, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion of this case should be revoked on the grounds that the disposition of this case is unlawful on the following grounds.

In relation to the fact that the Plaintiff had the duty to file an application for ownership transfer registration to the Plaintiff, the Plaintiff purchased not only the instant land but also its neighboring land together with the instant land at the time of the instant sales contract, on the ground that it was essential for the Plaintiff to construct housing as a housing developer, but also the neighboring land could not be registered for ownership transfer in the future of the Plaintiff, since such adjoining land was farmland, it is limited to sales reservation