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(영문) 수원지방법원 2016.06.28 2015구합67770
과징금부과처분 무효확인
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. The Plaintiff’s organization and name change 1) was established on October 6, 1973 by making the Plaintiff’s organization and name changed to “A” corporation, the current trade name of which was changed to “A” corporation (hereinafter “Plaintiff”) on December 15, 2010, and the part of the golf course business as a separate corporate body was divided into two separate parts.

3) Accordingly, on December 20, 2010, the Plaintiff completed the registration of change of trade name by changing its trade name to A stock company, and D Co., Ltd (corporate registration number F; hereinafter “D”).

(4) On December 1, 2010, G assumed office as the representative director of the Plaintiff and held office as the representative director even after changing its trade name to A.

B. The Defendant’s first penalty surcharge disposition 1) The Plaintiff is the Plaintiff’s first penalty surcharge 1,511m2 (hereinafter “instant land”).

(2) The Plaintiff, a juristic person, pursuant to the Farmland Reform Act which was in force at the time, cannot acquire the instant land, the land category of which is the answer, and entered into a title trust agreement with J. Accordingly, on June 3, 1980, the registration of ownership transfer with respect to the instant land was completed. On September 14, 2005, the Plaintiff filed a lawsuit against J on the ground of unjust enrichment under the invalidation of a title trust agreement and received a favorable judgment, and completed the registration of ownership transfer with respect to the instant land in the name of the Plaintiff on July 19, 2007.2) The Defendant did not make the Plaintiff’s real name registration within the grace period stipulated under the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).

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