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(영문) 수원지방법원 2018.02.06 2017구합66290
과징금부과처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On August 15, 2009, the Plaintiff entered into a sales contract and establishment of provisional registration for each of the instant real estate (hereinafter “the deceased”).

between the corporation and the corporation (hereinafter referred to as “â…………) real estate

(2) On September 2, 2009, the Plaintiff entered into a sales contract with E with respect to the purchase price of KRW 175 million, and completed the provisional registration of transfer of ownership on August 26, 2009, which was based on the completion of the pre-sale agreement as of August 15, 2012, the Suwon District Court’s receipt of the Sungsung District Court’s registration office. (2) On September 2, 2009, the Plaintiff entered into a provisional registration of transfer of ownership on September 2, 2009, with respect to the F apartment G (hereinafter “B real estate”); and (1) on September 18, 2009, with respect to the purchase price of KRW 175 million with respect to the real estate (hereinafter “each of the instant real estate”) and completed the provisional registration on September 18, 2009, as of September 1709, 1709.

B. On September 2012, the Plaintiff filed a lawsuit claiming the transfer of ownership and the registration of the transfer of ownership on each of the instant real property (i) the heir of the deceased, H, I, J, and K (hereinafter “heirs”).

(1) On December 27, 2012, a lawsuit was filed against the heir to seek the implementation of the principal registration procedure of provisional registration for preserving the right to claim ownership transfer (U.S. District Court 2012Kadan104171). (2) On June 5, 2013, the Suwon District Court rendered a ruling of recommending reconciliation with the following contents. The Plaintiff and the heir did not object to the said ruling of recommending reconciliation, which became final and conclusive on June 26, 2013 and June 27, 2013.

Pursuant to the provisional registration completed on August 26, 2009 with respect to the portion of each 2/9 share of H 3/9 shares, H, I, J, and K, the Suwon District Court shall implement the procedures for the principal registration of transfer of ownership on the ground of the completion of the trade reservation on August 26, 2011, based on the provisional registration completed on the receipt of No. 155863 of the receipt of each 2/9 shares.

3 In addition, the plaintiff around September 2012.

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