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(영문) 서울행정법원 2014.01.10 2013구합58610
과징금부과처분취소
Text

1. The Defendant’s penalty surcharge on May 24, 2013 regarding each of the real estate listed in paragraphs 1 and 2 of the attached Table No. 142,85 against the Plaintiff.

Reasons

1. Details of the disposition;

A. On December 2, 2002, B, etc., the Plaintiff acquired the right to re-building (the right to re-building within the development-restricted zone) generated in relation to the 88.56 square meters, etc. of the Seocho-gu Seoul Seocho-gu C ground mentblue Housing in KRW 100 million. In the process, D performed duties related to the permit for re-building, and the transferee’s name was also registered under D.

B. On December 3, 2002, the Plaintiff purchased the Seocho-gu Seoul F 1,010 square meters (hereinafter “instant land before the instant subdivision”) from E with the introduction of D in order to build a building with the permission for relocation of a building. In consideration of convenience such as transfer permission and building permission, the Plaintiff and D jointly agreed with the Plaintiff on the land before the instant subdivision purchased from E, with the joint purchaser, and completed the registration of ownership transfer on January 2, 2003, with the consent of E for the registration of the remainder payment date. After re-preparation a sales contract for the joint purchase as of December 14, 2002, the Plaintiff completed the registration of ownership transfer on January 2, 2003 with respect to 1/2 shares of each of the instant land before the instant subdivision.

C. On March 2, 2004, the land before the instant subdivision was subdivided into F 330 square meters (hereinafter “F land”) with F 330 square meters (hereinafter “F land”), G site 330 square meters (hereinafter “instant land”) and H 350 square meters (the real estate stated in attached Table No. 1; hereinafter “instant land”) and land before H 350 square meters (hereinafter “instant two land”).

The Plaintiff and D had a debtor D and joint guarantor as the Plaintiff, and had a 650,000,000 won loaned from the Young-dong Agricultural Cooperative (the loan obligation is to be repaid in full by the Plaintiff), and had a 2-story building on the F land (hereinafter “F building”) using part of the above loan, and newly constructed the 2-story building on the ground of the instant 2-story land (the real estate listed in attached Table 2; hereinafter “instant building”). The instant 1, 2 and the instant building, including the instant 1, 2 and the instant building, were newly constructed.

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