1. The plaintiff's claim is dismissed.

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

Details of the disposition

B completed the registration of ownership transfer with respect to each parcel of land in the Dong-gu, Chungcheongnam-gu, Seoul, and D on May 4, 2010. On January 6, 2011, B completed the registration of ownership transfer with respect to each of the above parcels of land and buildings (hereinafter “instant real estate”), and completed each of the above registrations (hereinafter “instant registration”).

On May 26, 2015, the prosecutor of the Daejeon District Prosecutors' Office issued a disposition of suspending prosecution against the Plaintiff, E, and B on the following grounds (the Daejeon District Prosecutors' Office No. 2902, 2015), and on June 3, 2015, notified the Defendant of the violation of the Act on the Registration of Real Estate under Actual Titleholder's Name (hereinafter "Real Estate Real Name Act").

The facts of violation of the Act on the Registration of Real Estate under Actual Titleholder's Name are recognized by concluding a title trust agreement to the effect that the criminal suspect B, while entering into a contract to sell the land under the name of the suspect B on October 13, 2010, to keep the name of the suspect B as it is.

No criminal suspect has been subject to criminal punishment for the same kind of power, and this case is minor because it is difficult to view that there was speculative purpose in light of the fact that the suspect A, the number of the suspects B, jointly operating the suspect E and the child care center, and selling and selling the land under the suspect B, the title of the suspect B, as a transfer income tax rate for the holding period (two years), has taken into account the circumstances.

Accordingly, on October 14, 2015, the Defendant imposed a penalty surcharge of KRW 87,549,720 on the Plaintiff pursuant to Article 5 of the Real Estate Real Name Act on the ground that the Plaintiff violated Article 3 of the Real Estate Real Name Act by title trust with B the shares of the instant real estate.

(hereinafter “instant disposition.” Accordingly, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Chungcheongnam-do Administrative Appeals Commission. However, the Chungcheongnam-do Administrative Appeals Commission on February 15, 2016 shall be the Plaintiff.