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(영문) 수원지방법원 2018.08.16 2018구합64956
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. B Co., Ltd. (hereinafter “instant company”) created D’s resort complex (hereinafter “the resort complex”) around 1980, and constructed a total of 50 housing units (forest housing units) on each parcel of land by dividing part of the site into 50 lots and then selling it to its members around March 3, 1980.

B. On June 24, 1983, the Plaintiff’s outer assistance unit E purchased real estate (hereinafter “instant real estate”) and membership (F; hereinafter “instant membership”) as indicated in the attached Table 1, a forest house within the instant resort complex, from the buyer and buyer.

On May 2, 1985, the instant company completed registration of initial ownership relating to the instant real estate.

C. After that, there was a dispute over the ownership of the instant resort complex membership and the instant housing among the buyers, and G, which is the friendship group of the instant company and the buyers, concluded on December 21, 1987, that the instant company confirmed the agreement and the existence of the existing association rules at the time of sale, and the ownership of each of the leased housing belongs to each member.

On May 1, 1998, the Plaintiff received the claim for ownership transfer registration of the instant real estate from the deceased E and submitted the application for membership change to the instant company. The Plaintiff filed an application for membership change with the company.

On July 22, 1998, the instant company prepared a written confirmation to the Plaintiff that “the owner of the instant real estate confirms that the ownership of the instant real estate was changed from the network E to the Plaintiff.” The instant real estate sales contract was prepared between the Plaintiff and the Plaintiff on June 24, 1983 with respect to the instant real estate.

E. When the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”) was enforced on July 1, 1995, the instant company implemented the procedure for the registration of ownership transfer of the relevant building to the buyer.

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