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1. The Defendant’s imposition of a penalty surcharge of KRW 36,00,000 against the Plaintiff on December 9, 2014 shall be revoked.
2...
Reasons
1. Details of the disposition;
A. The Plaintiff, while divorced with B on August 17, 2004, entered into a division of property (hereinafter “instant division of property”). On March 12, 2014, the Plaintiff completed the registration of transfer of property in the name of the Plaintiff on the ground of the instant division of property with respect to 3 and 405 of the Nam-gu Incheon Metropolitan City C apartment owned on March 12, 2014 (hereinafter “instant real property”).
B. On December 9, 2014, the Defendant imposed a penalty surcharge of KRW 36,00,000 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”).
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 7, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Determination of the relevant Acts and subordinate statutes
B. Article 10(1)1 of the Act on the Registration of Real Estate Real Name provides that where parties to a contract bear a mutually beneficial obligation, a penalty surcharge shall be imposed within the limit of 30/100 of the appraised value of real estate on a person entitled to registration who fails to file an application for the registration of ownership transfer within three years from the date the performance of the consideration is completed: Provided, That the foregoing shall not apply where there
Here, the term "payment" refers to a benefit in return to be paid by a person entitled to make a registration in order to demand the benefit of the other party.
Therefore, the "date when the performance of opposite benefit has been completed" under Article 10 (1) 1 of the Real Estate Real Name Act refers to the date when a person entitled to make a registration fully performs his/her duty, so that he/she can request the person liable for registration to perform the procedure for registration of ownership transfer at any time.
According to the above evidence and the purport of the whole pleadings as to this case, the plaintiff was divorced from B on August 27, 2004.