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(영문) 서울행정법원 2018.10.04 2018구단61263
이행강제금부과처분취소
Text

1. The Defendant’s disposition of imposing KRW 86,702,700 on the Plaintiff on February 9, 2018 is revoked.

2...

Reasons

1. Details of the disposition;

A. On August 14, 2017, the Plaintiff’s certified copy of the register of the 6th floor building in Gwangjin-gu, Seoul Special Metropolitan City’s 6th floor from Nonparty Co., Ltd. indicated the following as “one story 1,403.57 square meters, one story 1,403.25 square meters, two stories 1,294.13 square meters, three stories 1,294.13 square meters, four stories 1,294.13 square meters, five stories 1,294.13 square meters, five stories 1,294.13 square meters, five stories 1,294.13 square meters, six stories 1,014.89 square meters, one story 89.07 square meters (excluding a total floor area), and 89.07 square meters (excluding a total floor area) of the 2nd floor in the roof.”

(hereinafter “instant building”) as seen below, the instant building was in the state of completing the registration of ownership transfer to Nonparty B with a collateral trust, and the Plaintiff purchased the instant building in the public sale process due to the exercise of the security right. The Plaintiff completed the registration of ownership transfer on November 17, 2017.

B. The instant building was owned by Nonparty D, which was originally owned by Nonparty D, and Nonparty D entered into a credit transaction agreement in an amount equivalent to 14 billion won (limit) with Nonparty D on September 30, 2010, and concluded a loan transaction agreement in an amount equivalent to 2 billion won with Nonparty E Co., Ltd., and completed the registration of ownership transfer of the instant building to Nonparty B on the same day as of September 30, 2010 for securing this.

(A) Under the real estate security trust agreement, the truster was Nonparty D, the trustee was Nonparty B, and the first beneficiary was Nonparty B and E. However, on November 12, 2014, Nonparty B and E transferred each claim against Nonparty D and the status of the first beneficiary under the real estate security trust agreement to Nonparty F and G Co., Ltd., and thereafter notified Nonparty D of the transfer of the claim.

On the other hand, Nonparty D continued to use and benefit from the instant building even after completing the registration of ownership transfer of the instant building in Nonparty D Co., Ltd. as above, and around November 201, Nonparty D continued to use and benefit from the instant building.

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