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(영문) 서울행정법원 2014.08.21 2014구합57683
이행강제금부과처분취소
Text

1. The Defendant’s disposition imposing enforcement fines against the Plaintiff on May 15, 2013 is revoked.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a school juristic person that operates the Taeduk High School, the Pungduk Foreign Language High School, the Pungduk Women High School, and the Pungduk Women High School in the Gangseo-gu, Gangseo-gu, Seoul Metropolitan Government.

B. From March 16, 199 to April 16, 2002, the Plaintiff entered into a sales contract on the land of 44,093 square meters in total (hereinafter “the entire land of this case”) with the area of 173-1 and 23 square meters in the vicinity of the existing school site in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul. The Plaintiff paid the price in full from April 10, 199 to April 30, 2002.

C. After the Plaintiff fully pays the price of the entire land of this case, the Plaintiff did not file an application for the registration of ownership transfer with the lapse of three years from the grace period stipulated by the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”). On August 31, 2009, the Defendant imposed a penalty surcharge of KRW 7,826,494,80 on the Plaintiff.

(hereinafter referred to as “previous Disposition”). D.

The Plaintiff filed a lawsuit seeking revocation of the previous disposition with this court 2009Guhap47668, but was dismissed on April 22, 2010. The Seoul High Court appealed 2010Nu15140, but was dismissed on January 21, 2011. The Plaintiff appealed by Supreme Court 201Du4312, but dismissed on September 29, 201.

(hereinafter referred to as "previous Judgment") e.

On October 12, 2012, the Defendant: “The Plaintiff, on the part of October 12, 2012, is the Plaintiff, the 174 square meters in Gangseo-gu, Gangseo-gu, Seoul; 175 square meters in the same field; 631 square meters in the same field; 177 square meters in the same field; 449 square meters in the same field; 178-1 square meters in the same field; 179-1 square meters in the same field; 2,359 square meters in the same field; 180 square meters in the same field; 2,781 square meters in the same field; 181 square meters in the same field and 432 square meters in the same field;

The instant land is part of the entire land of this case.

The enforcement fine of KRW 388,075,90 is imposed in accordance with Article 6 of the Real Estate Real Name Act, since one year has passed since the date of imposition of a penalty surcharge due to the violation of the Real Estate Real Name Act or one year has passed since the justifiable reason for not being registered under his/her own name ceases to exist.

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