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1. The imposition of a penalty surcharge of KRW 322,517,210 imposed on the Plaintiff on April 17, 2018 shall be revoked.
2. The costs of lawsuit shall be.
Reasons
Details of the disposition
On May 20, 2008, the registration of ownership transfer was completed on May 20, 2008 by the plaintiff Lee Dong-dong C on May 20, 2008 with respect to the share of 264/2790 of the land and the share of 1/3 of the above land (in addition to land and buildings, hereinafter referred to as "the instant real estate").
(hereinafter referred to as the “instant transfer registration”). The person in charge of the written confirmation is currently residing in Japan as C, D, and E, and D are living in the same Dong as the apartment house in which he/she lives.
With respect to the use of another person's account, I commenced high art wholesale and retail business since 2008, and have used the E Bank (F and G) account in the name of Dong C in connection with the business until now.
It is exclusively used by the principal by transferring funds related to his business to the above account and collecting interest related to his credit business.
In addition, with respect to interest that is deposited and withdrawn from the above account, there is no fact that the funds of Dong C have been introduced or the funds have been leaked to C, and there is no fact that the income accrued and has been settled and paid to Dong C.
- The H Bank Account in the name of D is opened and used for its own business.
It is mainly used for the purpose of paying interest on credit business.
As to the purchase and transfer of the instant real estate, the ownership transfer registration of the instant real estate was made in the name of C, and confirmed on June 8, 2015 to third parties, both JJ and third parties as follows.
- There is a fact that the real estate was introduced from the land in 2007 and acquired in the name of Dong C.
At the time of the acquisition of the instant real estate, I directly executed the sales contract with K by the former owner with the consent to contact with C and acquire it in the name of C.
The acquisition price of the instant real estate shall be KRW 57 million in total, and the down payment on March 28, 2008.