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(영문) 의정부지방법원 2017.12.19 2017구합10314
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 married with B and has 2 South and North Korean women, such as C, under the chain.

B. On June 7, 2002, the registration of transfer of ownership was completed in the name of C on June 7, 2002 with respect to D major 369m2 (hereinafter “instant land”).

C. On the ground that the Plaintiff violated Article 3 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), the Defendant imposed upon C a penalty surcharge of KRW 161,014,80 [the assessed real estate value = KRW 644,059,200 x 25% of the assessed real estate value x 25% of the assessed penalty (10% of the assessed real estate value) (hereinafter “instant disposition”) on November 1, 2016 (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1, 3, and 4, and the purport of the whole pleading

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion only purchased the instant land and donated it to C under the condition of support, and did not have any title trust.

Therefore, the instant disposition should be revoked as it is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. Determination 1) Generally, in a case where only the title holder of real estate has been entrusted to another person, the title truster holds documents proving his/her legal relationship, such as the certificate of registration rights, and the tax and public charges on such real estate also paid by the title truster (see, e.g., Supreme Court Decision 95Da15209, Sept. 26, 1995). 2) According to each of the evidence Nos. 1, 2, and 5, the Plaintiff was sentenced to a decision of provisional disposition on the prohibition of disposal for 80/10 of the instant land by deeming that the Plaintiff’s right to claim for the transfer registration of ownership due to the cancellation of the gift contract on September 21, 2006 as the preserved right, and received a decision of provisional disposition on the prohibition of disposal for 80/10 of the instant real estate out of the instant land (Korean Government District Court Decision 2006Kahap582, supra).

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