logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.11.09 2016구합64778
과징금부과처분무효등 확인청구
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. 1) Sungnam-si, Sungnam-si (hereinafter “instant apartment”) No. 102, 2705 (hereinafter “instant apartment”).

As to the instant apartment after July 16, 2012, the registration for the establishment of chonsegwon was completed until July 30, 2014 with respect to the Plaintiff, the Plaintiff, the 600,000,000,000 won for the lease on a deposit basis, and the period of the lease on a deposit basis as of July 30, 2014. The registration for the establishment of chonsegwon was completed on August 14, 2012.

B. The defendant, whose name is C, the person having chonsegwon.

(1) The Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”) against the Plaintiff on July 2, 2014, deeming that the registration of the transfer of chonsegwon (right to lease on a deposit basis) was held in title C even though the actual mortgagee was the Plaintiff.

(C) KRW 90,000,000 (specific calculation details are as follows, pursuant to section 5(1).

2) The penalty surcharge was imposed (hereinafter “instant disposition”).

(a) Value of real estate: Imposition rate of penalty surcharges on the basis of the value of real estate assessed at KRW 600,000 (amount of chonsegwon) : 10% (the amount of penalty surcharges exceeding KRW 500,000 but not exceeding KRW 3 billion): Penalty surcharges on the basis of the lapse period for breach of duty: 5% (the amount of penalty surcharges for one year): 90,000,000 =60,000,000,000 x 15% (=10%) x 5% (10%) / (5%) without any dispute over the ground for recognition, evidence No. 1, each entry of subparagraph 6, and the purport

2. The defendant's judgment on the defendant's main defense against the safety of this case's lawsuit is unlawful since the period for filing the lawsuit of this case is over, but the lawsuit for nullification is not limited to the period for filing the lawsuit, and the defendant's assertion

3. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff borrowed KRW 540,00,000 from prone Manman C at the time of concluding the lease contract on the instant apartment, and appropriated it for the deposit for the lease deposit. On August 14, 2012, the Plaintiff issued the lease registration for lease on a deposit basis to C on a deposit basis, and thereafter the said loan is repaid in full thereafter.

arrow