The Defendant’s imposition of a penalty surcharge of KRW 114,237,50 against the Plaintiff on January 15, 2020 shall be revoked.

The costs of lawsuit.

1. Details of the disposition;

A. On January 22, 2015, the Plaintiff entered into a contract with Pyeongtaek-si Co., Ltd. to purchase KRW 526,500,000 (hereinafter “instant land”) of KRW 4,354 square meters (hereinafter “instant land”) in total from B, and completed the registration of transfer of ownership on the instant land, even though the Plaintiff fully paid sales balance to B on July 6, 2015.

B. Accordingly, on January 15, 2020, the Defendant imposed a penalty surcharge of KRW 114,237,500 (hereinafter “instant disposition”) on the ground that the Plaintiff violated Article 10(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”) by failing to register the ownership transfer within three years, even though the remainder under the instant contract was fully paid in full.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 5 evidence (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion of this case should be revoked on the following grounds.

1) In order to impose penalty surcharges on the Plaintiff pursuant to Article 10(1) of the Act on Special Measures for the Registration of Real Estate, the Plaintiff is a person to whom Articles 2(1) and 11 of the Act on Special Measures for the Registration of Real Estate applies. However, since B, who is a person responsible for registration, failed to comply with the procedure for application for the registration of ownership transfer of the instant land and was unable to file an application for registration with the Plaintiff, the Plaintiff cannot be deemed to be a person to whom Articles 2(1) and 11 of the Act on Special Measures

2) 2) The Plaintiff did not deliver documents such as a registration certificate despite written statement that B would deliver the necessary documents to file an application for ownership transfer registration, and did not cooperate in the application for registration. The Plaintiff’s cultivation of the instant land upon delivery and completed the provisional disposition registration for prohibition of disposal, and thereafter the Plaintiff thereafter filed a lawsuit.