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(영문) 서울고등법원 2019.01.30 2018누40449
과징금부과처분취소
Text

1. Revocation of the first instance judgment.

2. The Defendant’s penalty surcharge of KRW 11,900,000 against the Plaintiff on May 2, 2016 and KRW 12,200.

Reasons

1. Details of the disposition;

A. 1) The Plaintiff’s establishment of a provisional registration on real estate 1) The Plaintiff’s Hosung C apartment D (hereinafter “1 real estate”) owned by the network B.

Based on the sales contract of August 15, 2009, the Suwon District Court’s receipt of the Sungwon District Court’s 155863 on August 26, 2009, the provisional registration of the right to claim transfer of ownership on the same day (hereinafter “provisional registration of Article 1”) was made on the same day.

(2) Upon completion of the contract, the Plaintiff completed the provisional registration on September 2, 2009 with respect to F apartment G (hereinafter referred to as “second real estate”) owned by E, and on September 18, 2009, the Plaintiff completed the provisional registration on the right to claim ownership transfer (hereinafter referred to as “provisional registration 2”) based on the purchase and sale reservation made on September 15, 2012 by the Suwon District Court Receipt Office of Suwon District Court No. 170926, Sept. 18, 2009.

B. On December 27, 2012, the Plaintiff filed a lawsuit claiming the transfer of ownership and the registration of transfer of ownership on the real estate Nos. 1 and 2 (1) against the deceased’s heir as Suwon District Court 2012Da104171, and filed a lawsuit claiming the implementation, etc. of the procedures for principal registration of the provisional registration on the real estate No. 1 (hereinafter “the first lawsuit”).

(2) On June 5, 2013, the foregoing court rendered a decision to recommend reconciliation with the following contents. The decision was finalized on June 26, 2013 and June 27, 2013 as it was, because the Plaintiff and the aforementioned inheritors did not raise any objection to the said decision to recommend reconciliation. Of the real estate 1, H, 3/9, I, J, and K, among the real estate 2/9 shares, were led to the confession of the transfer of ownership on August 26, 201 on the ground of the provisional registration completed as of August 26, 2011 as of the provisional registration completed as of August 26, 201, pursuant to Article 15863, the Suwon District Court rendered a final decision on December 26, 201 to the Plaintiff (hereinafter referred to as the “instant judgment”), and the said decision became final and conclusive on March 37, 2013.

The order E shall be the real estate of the Plaintiff.

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