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(영문) 대구지방법원 2020.06.18 2019구합26044
과징금부과처분취소
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 is a company running mechanical security business, solar energy business, etc. in the Gu and America City B.

On April 10, 2017, the Plaintiff entered into a contract to jointly purchase KRW 13,010 square meters prior to H, 13,010 square meters prior to Si, Youngcheon-si, J Forest, KRW 6,772 square meters, and KRW 2,284 square meters of K forest, and KRW 320,000,000. On February 9, 2018, the Plaintiff completed the registration of ownership transfer in the name of L, a representative director.

The Plaintiff’s share in each of the above lands (hereinafter “instant land”) is as shown in the attached Table 1 List of Real Estate.

B. On July 26, 2018, among each of the above lands, the area of 13,010 square meters prior to H was divided into 1,167 square meters for H miscellaneous land, 1,167 square meters prior to M, 1,167 square meters prior to M, 312 square meters prior to P, 2,004 square meters prior to Q, 739 square meters prior to Q, 100 square meters prior to R, 6,354 square meters prior to M, and 2,284 square meters for K forest and land was divided into K 1,447 square meters for forest and land, 190 square meters for forest T, 647 square meters for forest and forest.

C. On August 6, 2019, the Defendant imposed a penalty surcharge of KRW 6,176,360 on the Plaintiff on the ground that the Plaintiff violated Article 3 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”) by title trust with L on the instant land (hereinafter “instant disposition”).

On September 30, 2019, the Plaintiff filed an administrative appeal with the Standing Provincial Administrative Appeals Commission, but was dismissed on September 30, 2019.

E. On March 13, 2020, the chief of the Gu U.S. police station notified the Defendant of the result of the instant disposition that the Plaintiff sent the instant land title trust to L as a prosecution opinion in violation of Articles 7(1)1 and 3(1) of the Real Estate Real Name Act.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 4, 6, 7 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence Nos. 3 and 5, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s instant disposition should be revoked on the ground that it is unlawful for the following reasons.

1. The Plaintiff L.C.

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