1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On August 26, 1983, the Plaintiff entered into a sales contract to purchase the land of Bupyeong-gu Incheon Metropolitan Government and D (hereinafter “each of the instant real estate”) with the purchase price of KRW 2.1 million (hereinafter “instant sales contract”), and paid the purchase price in full at that time.

B. On January 26, 2012, the Plaintiff filed a lawsuit against B for the registration of ownership transfer under the Seoul Central District Court Decision 2012Da19879, which was rendered a favorable judgment on September 19, 2012, and the said judgment became final and conclusive on October 9, 2012, and the Plaintiff completed the registration of ownership transfer on August 25, 2014 as to each of the instant real estate on August 26, 1983.

C. On October 14, 2014, the Defendant imposed a penalty surcharge of KRW 39,922,380 on the Plaintiff on the ground that the Plaintiff constitutes an unregistered person under Article 10(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, 2, 3, Eul evidence 1, 2-1 to 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. According to Article 10(1)1 of the Plaintiff’s Real Estate Real Name Act, “the date on which the performance of consideration is completed in cases where the contracting parties bear a mutually beneficial obligation.” Here, “the date on which the performance of opposite payment is completed” refers to the date on which the buyer receives all the purchase price from the buyer in cases of a real estate sales contract, and from the buyer’s perspective, the date on which the buyer can file an application for registration of ownership transfer by receiving documents necessary for the registration of ownership transfer from the seller.

However, in the case of the instant sales contract, B, a seller, receives all the sales amount from the Plaintiff, and the Plaintiff.