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(영문) 수원지방법원 2014.05.15 2013구합13700
과징금부과처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. 1) Plaintiff A is the representative director of Plaintiff C, who is engaged in the construction business. Plaintiff B is a public official working in the construction division of the Ansan City Construction Bureau. The Plaintiffs and D had a usual friendship with Plaintiff D, who was a public official of Grade 5 of the Ansan Viewing City at the time. The Plaintiffs and D are the Plaintiffs of the Plaintiffs and D, in a short period, the market price of which is anticipated to be increased within the reasonable period, E field E, E, E, 899 square meters, 550 square meters prior to F, G, 276 square meters, 266 square meters prior to H, 139 square meters, and 139 square meters prior to H.

Upon the commencement of the auction procedure against the Plaintiff, the Plaintiff agreed to be awarded the above real estate under the name of J, which is the father of D, with the burden of KRW 60 million, KRW 350 million, KRW 300 million, and KRW 350 million, respectively. 3) Thereafter, the Plaintiffs and D concluded a title trust agreement with J on October 209, which is the trustee of the instant real estate, and on October 26, 2009, J concluded a title trust agreement with J, which is the trustee of the instant real estate. On October 26, 2009, the instant real estate was awarded at KRW 1.26 billion, and paid in full the purchase price on December 4, 2009, and completed the registration of ownership transfer under the name of J on December 14, 209.

4) In addition, the Plaintiffs and D completed the registration of creation of a mortgage with regard to the instant real estate on the date of the transfer of ownership, etc., wherein the debtor J, the mortgagee A, and the maximum debt amount are KRW 900 million, which is the aggregate of the plaintiffs’ charges. (B) On April 11, 2013, the horizontal Housing Site Office of the Suwon District Prosecutors’ Office of Suwon District Prosecutors’ Office (hereinafter referred to as the Plaintiffs and D completed the registration of establishment of the instant real estate under the name of J and violated the former Act on the Registration of Real Estate under Actual Titleholder’s Name (amended by Act No. 10203, Mar. 31, 2010; hereinafter referred to as the “Real Estate Real Name Act”), and notified the Defendant of the said fact on the 17th of the same month.

2. Accordingly, the Defendant on April 18, 2013, pursuant to Article 5 of the Real Estate Real Name Act and Article 3-2 of the Enforcement Decree of the Real Estate Real Name Act.

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