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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. 1) The net B is a title trust registration, etc. (1) on September 1987, 1987, the net B is 2,208 square meters (hereinafter “instant land”).
(2) After October 5, 1987, the Plaintiff, the wife of C, agreed to complete the registration of title transfer of the land in the name of E and completed the registration of title transfer under the name of E, which was caused by sale and purchase on October 5, 1987. (2) After October 6, 1994, the Plaintiff entered into a title trust termination agreement with the purport that the Plaintiff shall return the ownership at any time on the premise that the Plaintiff is the actual owner of the land in this case.
3) On the other hand, on December 23, 2011, the Plaintiff filed a lawsuit for the registration of ownership transfer against Suwon District Court Branch Decision 201Gahap10485. On May 4, 2012, the said court rendered a decision to recommend a compromise with the purport that “E shall pay KRW 5 million from the Plaintiff, and simultaneously implement the procedures for the registration of ownership transfer based on the termination of title trust as of October 6, 1994,” and the said decision to recommend a compromise was finalized as it is without any objection by both parties, on July 4, 2012, the Plaintiff completed the registration of ownership transfer on the instant land as of July 4, 2012.
B. Defendant’s imposition of penalty surcharge 1) On March 5, 2014, the Defendant: (a) the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”) against the Plaintiff.
(2) Around 2012, when the registration of Plaintiff’s name was completed pursuant to Article 5 and Article 3-2 of the Enforcement Decree of the same Act, prior notice was given that a penalty surcharge is to be imposed KRW 128,616,00, which is calculated by multiplying KRW 514,464,00 by the officially assessed individual land price of the instant land (i.e., KRW 500,000, but more than KRW 100,00,000, but more than KRW 20,000, but more than KRW 15,000,000).