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(영문) 대전지방법원 2015.11.04 2014구합104246
과징금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On April 28, 2011, the Plaintiff planned to newly construct warehouse facilities on the land outside Seo-gu, Seoan-gu, Seocheon-gu, and entered into a contract with B on April 28, 201, for the purpose of using them as an access road, to purchase the right-hand map 1,236 square meters (hereinafter “land prior to subdivision”) among B, B, and on the same day, the Plaintiff paid KRW 39 million (hereinafter “the instant sales contract”), which is the full purchase price, to B, with the portion on the ship connected each point in sequence 1,2236 square meters (hereinafter “land prior to subdivision”).

B. The Plaintiff did not complete the registration of ownership transfer for the purchased land at the time, and instead only completed the provisional registration of ownership transfer for the portion of 257.86/1,236 out of the land before subdivision.

C. Since November 28, 2012, B sold to D the Plaintiff all remaining shares of 978.14/1,236 of the land before subdivision to D, and completed the registration of ownership transfer.

On May 2, 2014, the land before subdivision was divided into 916 square meters (hereinafter “C”) prior to C, E, 286 square meters prior to E (hereinafter “instant land”), and 34 square meters prior to F, and the part purchased by the Plaintiff with specific area was included in the instant land.

E. On May 19, 2014, for the reason of partition of co-owned property, the entire share transfer registration has been completed from B to D with respect to the share of 128.93 shares in C on the ground of partition of co-owned property. As to the share of 856.53 shares in the instant land, the partial share transfer registration has been completed from D to B.

F. On May 28, 2014, the entire share transfer registration was completed from B to the Plaintiff with respect to the share 111,439/123,60 of the instant land (hereinafter “instant ownership transfer registration”). As to the share 121.61/1,236 of the instant land, the entire share transfer registration was completed from D to the Plaintiff.

Accordingly, the Plaintiff acquired the ownership of the entire land of this case.

G. The Defendant is the remainder payment date for the instant land on August 29, 2014 by the Plaintiff.

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