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(영문) 수원지방법원 2021.02.10 2019구합74226
과징금부과처분취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Details of the disposition

On December 203, the Plaintiffs and C, D, E, network F, G, H, I, and J (hereinafter “the Plaintiffs and eight other persons”) jointly invested KRW 2 billion in the amount of KRW 10,257,000,000,000 prior to the subdivision owned by K, purchased 7,88,00 square meters of L, which was 10,257 square meters prior to the subdivision owned by K (hereinafter “M land before subdivision”) and 2,825 square meters of forest land M (hereinafter “M land”), and entered into an agreement with D, E, networkF, and G (hereinafter “D et al.”) to complete the registration under the name of D, E, network F, and G (hereinafter “instant agreement”).

Of the above purchase price, Plaintiff A invested KRW 10 million, and Plaintiff B invested KRW 250 million, respectively. Accordingly, the shares based on the instant agreement are Plaintiff A’s 178/3,240, and Plaintiff B’s 405/3,240.

Pursuant to the agreement of this case on December 15, 2003, the registration of transfer of shares (hereinafter “registration of this case”) was completed in the name of D (4,820/10,257 shares), E (1,97/10,257 shares), network F (1,071/10,257 shares), M in the name of net F, G (1/2 shares), and in the name of B (1/2 shares), respectively, in the name of RF, G (1/2 shares).

On January 17, 2004, the part of the instant arrangement among the L land before the subdivision was divided into 7,888 square meters (hereinafter “N land”), which was d4,820/7,88, E 1,97/7,88, and the network F 1,071/7,8888.

On the other hand, the ownership transfer registration was made in the name of O on November 11, 2005 due to inheritance by division of consultation.

Each of the instant lands was incorporated into Q Urban Development Project (the development plan was approved on March 28, 2012, and the amendment of the development plan was approved on April 9, 2013) according to the public notice of the details of the land to be expropriated or used in Q Urban Development Project on April 10, 2014.

R Co., Ltd., which is an implementer of the above urban development project, shall acquire E’s shares among N land through consultation on public land on October 14, 2015 and register transfer of ownership on November 17, 2015, and D’s shares among N land on October 22, 2015 through consultation on public land.

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