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(영문) 서울고등법원 2016.08.26 2015누69814
과징금부과처분취소
Text

The plaintiff's appeal and the plaintiff's claim expanded by this court are all dismissed.

This is due to the extension of claims for appeal costs.

Reasons

1. Facts that there is no dispute over the details of the disposition (based on recognition), Gap 1-1, 2, Gap 5-A9, Gap 10-1-3, Gap 12, five-10, and the purport of the whole pleadings;

A. On November 24, 1998, the Plaintiff, together with the co-Plaintiffs, L, M, and N in the first instance trial, donated PP 492 square meters (which changed from PP 492 square meters (which changed from PP 1,775 square meters to PP 1,75 square meters due to the merger, division, etc. of land after the merger and division) to the said clan by July 11, 2001, and thereafter, held a title trust of each of the shares owned by L.

The Plaintiff’s shares are 247.5/1,775.

(hereinafter this part of the Plaintiff’s shares are “real estate 1”). (b)

On January 2001, the Plaintiff agreed to jointly purchase 4,711 square meters (hereinafter “Before division”) from L with a clan during the period of the clan in which the Plaintiff was a member of the clan.

L entered into a sales contract with a clan, and completed the registration of transfer of ownership in the name of L on July 11, 2001.

The above land was divided into 1,964 square meters prior to S, 2,300 square meters prior to RM (hereinafter “second real estate”) and 447 square meters prior to TM (hereinafter “third real estate”). Of these, the land owned by the Plaintiff between the Plaintiff and L is the second and third real estate.

C. When L died on June 22, 2009, the Plaintiff, etc., who received a donation of Q Q Q land (a part of this real estate is the first real estate) from a clan, entrusted the above real estate to N, the wife of the above L, but at the same time terminated the above title trust on October 22, 2009 and re-titled the above real estate to M.

The first real estate is now owned in MM name.

N has completed the registration of transfer of ownership on the 2 and 3 real estate due to the death of L.

After that, on October 5, 2011, the Plaintiff completed the registration of ownership transfer under its own name with respect to No. 2 real estate on October 5, 201, and on July 29, 2011, the title trust of No. 3 real estate to M was completed with respect to No. 3 real estate until now in M.

E. The defendant is the defendant.

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