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(영문) 수원지방법원 2016.06.16 2015구합67817
과징금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The plaintiff is a non-corporate body as a church belonging to A religious organization, and C is a person who was a member of the plaintiff's assembly from July 3, 1974 to March 2008.

B. On December 3, 1998, C purchased the instant land from G on December 3, 1998, and completed the registration of ownership transfer as the receipt No. 197097 of the same month, the copy of each land register pertaining to the 966С, E, E, 3,002С, F, 2,98С (hereinafter referred to as “instant land”).

C. On March 19, 2009, the Plaintiff filed a lawsuit against C for the claim of ownership transfer registration regarding the instant land. On September 9, 201, the Seoul High Court rendered a judgment that “A third party title trust agreement (the Plaintiff purchased the instant land from G on February 17, 1998, and only the title of ownership transfer registration was completed C future)” between the Plaintiff, C and G on September 9, 201 (the judgment that “A third party title trust agreement (the Plaintiff purchased the instant land from G on February 17, 1998, and only the title of ownership transfer registration was completed C future), and C performed the procedure for cancelling ownership transfer registration completed on December 30, 1998 with G on December 17, 198, and that “A shall implement the procedure for ownership transfer registration for the Plaintiff on February 17, 1998 for sale” (hereinafter “instant civil judgment”).

[] The foregoing judgment became final and conclusive on December 26, 2013. D. The Plaintiff completed the registration of ownership transfer on March 11, 2014 with respect to the instant land on the ground of “sale made on February 17, 1998” after the said judgment became final and conclusive. Since then, the Defendant determined that “the Plaintiff completed the registration of ownership transfer on the instant land under C from December 30, 1998 to March 11, 2014,” and applied the penalty surcharge imposition rate of KRW 1,198,875,000 to the Plaintiff on June 10, 2015 (hereinafter “instant disposition”).

AB made it.

E. On the other hand, the instant land is at the present parcel number following the partition.

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