1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff is an organization consisting of residents A in Gyeyang-gu, Yangyang-gu.

B. On December 28, 1970, the Plaintiff purchased 415 square meters (hereinafter “instant land”) in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu (hereinafter “instant land”) and held a title trust with C.

C.1) On May 22, 1983, upon the death of C, D completed the registration of ownership transfer on the instant land due to the inheritance by agreement division on August 11, 1995. 2) The Plaintiff filed a lawsuit against D to compel D to perform the procedure for registration of ownership transfer due to the termination of title trust, and received a favorable judgment on March 25, 2015, and the said judgment became final and conclusive on April 15, 2015.

On the ground that the Plaintiff violated Article 3 of the former Act on the Registration of Real Estate under Actual Titleholder’s Name (amended by Act No. 13713, Jan. 6, 2016; hereinafter “former Act on the Registration of Real Estate under Actual Titleholder’s Name”), the Defendant imposed a penalty surcharge of KRW 39,391,800 on the Plaintiff on June 28, 2016 following the prior notice procedure (the assessed real estate value = KRW 196,959,000 x the assessed penalty surcharge of KRW 20% (15% on the basis of the assessed real estate value of KRW 5%) on the ground that the Plaintiff violated the said Act.

(hereinafter “Disposition of this case”). 【Disposition of this case’s ground for recognition】 Facts without dispute, Gap’s Nos. 1, 2, 4, 5, 6, and Eul’s Nos. 1 through 4, the purport of the whole pleadings and arguments

2. Whether the disposition is lawful;

A. The plaintiff's assertion acquired the land of this case for the purpose of appropriating expenses for village events, including the same new system, with a valley produced on the land of this case. The restriction on farmland ownership under the Farmland Act was inevitable due to the restriction on farmland ownership, which made title trust to C, a representative at the time. In light of the development of title trust and the purpose of enacting the Real Estate Real Name Act, Article 8 of the former Real Estate Real Name Act shall also apply to organizations composed of village residents like the plaintiff, as well as clans.

Therefore, the instant disposition is unlawful.

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

C. Determination 1: the former Real Estate Real Name Act.