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(영문) 춘천지방법원강릉지원 2016.06.23 2016구합50182
과징금부과처분취소
Text

1. All of the instant lawsuits are dismissed.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. The content of the instant lawsuit was selected as an excellent village for the construction of new rural communities, and the Defendant received subsidies from the Defendant, and purchased the instant land from the Defendant, which was 1,877 square meters prior to the Si of Seocho-si (hereinafter “instant land”). When the instant land cannot be registered for the transfer of ownership due to its farmland relationship, the Plaintiff, who was the executive officers of the E Village New Rural Construction and Campaign Promotion Committee that promoted the instant project, was entrusted with the title of ownership, and completed the registration for the transfer of ownership as to one fifth of each of the Plaintiffs’ shares on November 25, 2009, respectively, on October 9, 2012.

On January 18, 2016, the Defendant issued a disposition imposing a penalty surcharge of KRW 12,568,390 on the Plaintiffs on the ground that the Plaintiffs violated Article 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”) by completing the registration of title trust on the instant land in the future G, G, 2012 (hereinafter “each of the instant dispositions”).

Accordingly, under Article 2 subparag. 2 and Article 5(1)1 of the Real Estate Real Name Act, the Plaintiffs filed a lawsuit seeking revocation of each of the dispositions of this case on the ground that the imposition of a penalty surcharge against the Plaintiffs merely cooperates in transferring the real right to their own real estate under the title trust agreement to a third party as a title trustee, despite that they are subject to the imposition of a penalty surcharge on the violation of the obligation to register under the name of the actual right holder under the title trust agreement.

2. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

When an administrative disposition is revoked, it shall lose its effect and no longer exist, and it shall be subject to any non-existent administrative disposition.

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