logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.11.07 2016구합1436
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. On May 31, 1993, the Plaintiff’s female birth B completed the registration of transfer of ownership on the ground of the sale on May 29, 1993, with respect to the land of 1,342 square meters (hereinafter “instant land”).

B. The Plaintiff filed a lawsuit against B, stating that “The Plaintiff and B purchased 1/2 shares of the instant land, but completed the registration of ownership transfer in B’s sole name due to the problem of certification of farmland sale, and later B agreed to transfer the ownership to the Plaintiff 1/2 shares of the instant land (hereinafter “instant shares”) and was sentenced to a favorable judgment on October 31, 2013, which was concluded between the Plaintiff and B on May 29, 1993, with respect to the share of 1/2 of the instant land (hereinafter “instant share”).

(Y) The Plaintiff filed an appeal with the District Court 2013Na15211 against the Plaintiff’s High Court Decision 2012Kadan1676. On the other hand, the Plaintiff added a preliminary claim seeking implementation of the procedure for cancellation of ownership transfer registration, which was completed with respect to the instant shares, by asserting that “The ownership transfer registration in the name of B with respect to the instant shares is null and void because it was based on a third party title trust agreement.”

Then, the decision of recommending reconciliation was made on October 11, 2014, which included that B shall implement the procedure for ownership transfer registration with respect to the instant shares to the Plaintiff.

C. On March 20, 2015, the instant land was divided into KRW 671 square meters and KRW 671 square meters prior to Seoyang-gu, Seoyang-gu, Gyeyang-gu, Seoul, and KRW 671 square meters prior to D. Of these, the ownership transfer registration was completed in the Plaintiff’s name on March 31, 2015.

The Defendant violated Article 3 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”) by title trusting the instant shares (the notice of imposition and disposition of penalty surcharges stated “D land,” but this appears to be a clerical error in the “instant shares”).

arrow