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(영문) 인천지방법원 2020.09.11 2019구합53499
과징금부과처분취소
Text

All claims of the plaintiffs (appointed parties) and the designated parties are dismissed.

The costs of lawsuit are assessed against the plaintiff (appointed party) and .

Reasons

1. The following facts are not disputed between the parties or may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 and Eul evidence No. 1 to 4:

The Plaintiff (Appointed Party) and the Appointed (hereinafter referred to as the “Plaintiff(Appointed Party”) each hold No. 1/2 shares of the Plaintiff(Appointed Party) as a sectional owner of the Nam-gu Incheon Metropolitan City B loan C, and the Appointed Party(Appointed Party) owns No. 4, and the Appointed Party E owns No. 1/2 shares of 1/2.

B. In order to facilitate the loan of moving expenses in relation to the reconstruction of BBD, the Plaintiff (Appointed Party) etc. decided to title trust each real estate owned under the name of J with a lot of benefit income, and completed the registration of ownership transfer on November 20, 2017 for each real estate owned by the J.

Afterward E completes the registration of ownership transfer on November 8, 2018, the Plaintiff (Appointed Party) and the Appointed Party G, and H on January 25, 2019, respectively.

C. On February 14, 2019, the Defendant imposed a penalty surcharge on the Plaintiff (Appointed Party) as indicated below pursuant to Article 5 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”) on the ground that the Plaintiff (Appointed Party), etc. title trust real estate.

(Unit:00 won per unit) The assessed value of the real estate held by the owner (the publicly notified price of multi-family housing January 1, 2017) shall not be confirmed after January 1, 2017 for the Nam-gu Incheon Dong-gu Bukdong.

The imposition rate of penalty surcharge for each breach of duty (C) (A) penalty surcharge for each breach of duty (A xC) penalty surcharge for each breach of duty (A) xC 4,100 (5%) Plaintiff (Appointed Party) 4,100 to 15% (10%) 615 Selection E floor FF No 2,700 and less than 10% (5%) 270% (5%) G I Nos. 4,200 and more than 15% (5%) 630% 15%) 315

D. The Plaintiff (Appointed Party) filed an administrative appeal on February 22, 2019 against it, and the Incheon Metropolitan City Administrative Appeals Commission.

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