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(영문) 서울행정법원 2016.06.02 2015구합12243
과징금부과처분취소
Text

1. The Defendant’s disposition of “the imposition of penalty surcharge of KRW 23.1 million” against the Plaintiff on January 15, 2015 is revoked.

2...

Reasons

1. Details and details of the disposition;

A. B (Plaintiff’s Chok) completed the registration of ownership transfer on December 28, 201, based on “sale on November 3, 2011,” with respect to land and its ground buildings in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant real estate”).

On December 28, 2011, the New-dong Saemaul Depository completed the registration of creation of a mortgage near the real estate in this case as “the maximum amount of the bonds: 97.5 million won, and the debtor: the Plaintiff.”

(hereinafter referred to as the “mortgage of this case”). B.

On July 3, 2014, the Plaintiff received a summary order on criminal facts (violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name) (Seoul Southern District Court 2014 High Court Decision 8647), and the summary order was finalized on August 21, 2014.

No one shall register any real right to real estate under the name of the title trustee according to the title trust agreement.

On November 3, 2011, the Defendant entered into a contract to purchase the “Seoul Yeongdeungpo-gu Seoul Metropolitan Government Real Estate Co., Ltd.” at the office of “E Licensed Real Estate Agent” (E Licensed Real Estate Agent) located in Yeongdeungpo-gu Seoul Metropolitan Government 112.106, and the Defendant and B shared the said real estate in one-half shares, respectively, and on November 3, 201, the Defendant registered the said real estate solely in the name of B according to the title trust agreement.

Accordingly, the Defendant completed the registration of ownership transfer under the name of the title trustee B according to the title trust agreement.

No one shall register any real right to real estate under the name of the title trustee according to the title trust agreement.

Nevertheless, on August 22, 2011, the suspect paid the purchase price of KRW 30,00,000,000, the seller and the Yeongdeungpo-gu Seoul Metropolitan Government C real estate deposit of KRW 30,000,00, the intermediate payment of KRW 60,000,00, the intermediate payment of KRW 241,250,00, and the remainder of KRW 241,250,00.

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