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(영문) 수원지방법원 2016.04.08 2015구합1305
과징금부과처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On April 19, 2002, Plaintiff A purchased 1/2 shares of each of the D 1,722 square meters (hereinafter “instant land”) prior to king-si in 2002, and completed the registration of ownership transfer in the name of C with respect to the instant land on April 19, 2002.

B. On January 2, 2004, Plaintiff A purchased 1/2 of the instant land from C with KRW 200 million, and paid KRW 130 million to C in cash, and the remainder of KRW 70 million with KRW 182 million with the maximum debt amount set forth in the said land, the debtor C, and the king Agricultural Cooperative of the mortgagee C, in lieu of the payment by the said Plaintiff. The Plaintiff B bears part of the above sales amount at that time.

C. The Plaintiffs completed the registration of transfer of ownership under C’s name due to the issue subject to a land transaction permit, and completed the registration of transfer of ownership under Plaintiff A’s name with respect to the portion of 1/2 out of the instant land, and the remainder of 1/2 in Plaintiff B, respectively.

On May 1, 2015, the Defendant, following the prior notice of disposition and the procedure for submitting opinions, failed to register the real right to real estate in the name of the trustee under the title trust agreement pursuant to Article 3 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), with the Plaintiffs on May 1, 2015. However, the Plaintiffs violated the provisions of Article 3 of the Real Estate Real Name Act by registering the real right to real estate in the name of the trustee under the title trust agreement.

Based on Article 3, Article 5 of the Real Estate Real Name Act and Article 3-2 of the Enforcement Decree of the same Act, the penalty surcharge of KRW 33,406,80 for each of the following shall be imposed on the basis of the officially assessed individual land price in 2010:

hereinafter referred to as "disposition of this case"

) The officially assessed individual land price (based on January 1, 2010) standard market price (area x publicly announced land price x D 167,000 won x 33,406,80 won x 20% of the standard market price of the land x 20%.

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