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1. The Defendant’s imposition of a penalty surcharge of KRW 35,165,00 against the Plaintiff on February 3, 2016 shall be revoked.
2. The costs of lawsuit shall be.
Reasons
1. Details of the disposition;
A. On May 26, 1995, the Plaintiff purchased 1,322/2,00 of the 2,711 square meters of land D 2,711 square meters (hereinafter “land before division”) from C in cooperation with B, 1995, and among them, entered into a title trust agreement with B with respect to the Plaintiff’s shares, and completed the registration of ownership transfer in the name of B on May 26, 1995.
(2) On June 195, the land before the division was divided into Category D 1,389 square meters, E 1,322 square meters (hereinafter “the land before the division”). At the same time, B completed the registration of ownership transfer on the land before the division. (c) On January 28, 1997, F, the husband of the Plaintiff, obtained land transaction permission from the subordinate market, and completed the registration of ownership transfer on the share of 61/1,322 of the land before the division (hereinafter “second title trust”).
After that, on October 18, 1997, E land before subdivision is divided into E, E, 661 square meters (hereinafter “E land after subdivision”) and G, G, and 661 square meters (hereinafter “instant land”). After subdivision, E land is divided into “E land” and “F” completes the registration of ownership transfer solely for the instant land.
E. Meanwhile, on June 2, 2003, the Plaintiff entered into an agreement with F, and on May 7, 2014, filed a lawsuit against F to implement the procedure for the registration of ownership transfer based on the cancellation of title trust with respect to the instant land, and completed the registration of ownership transfer in the name of the Plaintiff on September 10, 2015 (Seoul Southern District Court Decision 2014Da214995, 2014Na5555, Seoul Southern District Court Decision 2015Da2205666, Sept. 22, 2015).
F. On February 3, 2016, the Defendant had no real right to real estate registered 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”). However, the Plaintiff trusted the real right to real estate to B on May 26, 1995, and then the Real Estate Real Name Act is applicable.