beta
Text
1. The Defendant’s imposition of a penalty surcharge of KRW 20,400,000 against the Plaintiff on February 9, 2017 is revoked.
2. The costs of lawsuit shall be.
Reasons
1. Details of the disposition;
A. On December 27, 2007, the network B completed the registration of ownership transfer in its name as to Nos. 105 and 301 of Pyeongtaek-si apartment (hereinafter “instant apartment”) due to sale.
B. On August 29, 2014, the deceased on August 29, 2014, the deceased’s heir was the Plaintiff, D, E, F, and the deceased’s heir, who was the Plaintiff, D, E, and F, and H (hereinafter “the deceased’s heir”).
C. The Plaintiff filed a lawsuit claiming the ownership transfer registration of the instant apartment by inheritance shares in relation to the instant apartment (hereinafter “instant lawsuit”) against the instant inheritor, as Suwon District Court Decision 2015No4135, Suwon District Court Decision 2015Da4135.
In the above lawsuit, the plaintiff himself/herself, as his/her father and father, resided in I and 15 years or more, and on October 21, 2006, he/she entered into a lease agreement with respect to the apartment of this case under the name of the deceased B, but he/she bears lease deposit, rent, and other management expenses, and on December 27, 2007, he/she was sold the apartment of this case under the name of the deceased B, and he/she was fully responsible for the payment excluding lease deposit, but the actual owner of the apartment of this case is the plaintiff and the heir of this case reached an agreement on the division of inherited property on September 6, 2014 by solely succeeding the apartment of this case.
E. On January 7, 2016, the Plaintiff was awarded a favorable judgment (for the instant heir, D, F by service by public notice, and for the remaining inheritors, by confession as to the remaining inheritors) in the instant lawsuit, and the said judgment became final and conclusive as it is.
F. On May 3, 2016, the Plaintiff completed the registration of ownership transfer of the instant apartment due to the inheritance by agreement division with respect to the instant apartment in accordance with the said final judgment.
G. The Defendant on January 2016