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(영문) 의정부지방법원 2019.02.20 2018가합52952
부당이득반환 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person with the purpose of sports facility business (member golf club business), etc., and from around 1972, the Plaintiff operates a golf club called C/C club (member club: D/D club) located in the two cities in each city.

B. In order to expand and remodel the above golf course, the Plaintiff purchased 20 lots of land indicated in the separate sheet (hereinafter “each land of this case”) from E and 7, including F field 3,078 square meters in the two weeks near the golf course, and completed the registration of ownership transfer in the name of G, a title trustee, from December 18, 2001 to October 25, 2005, and completed the registration of ownership transfer in the name of H, a title trustee, on May 8, 2007.

C. On September 19, 201, the Yangju Mayor issued a disposition to impose penalty surcharges of KRW 1,073,889,200 on the Plaintiff pursuant to Articles 3(1) and 5(1)1 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”) on the ground that “the Plaintiff purchased each of the instant land from the former owner to the date of 2005, and instead registered title trust in the name of a third party in the name of a juristic person.”

On August 21, 2012, the Plaintiff filed a lawsuit against the two states district court seeking the revocation of the imposition of the said penalty surcharge (U.S. District Court 201Guhap5228). However, the U.S. District Court rendered a judgment dismissing the Plaintiff’s claim.

The above ruling was finalized through the appellate court (Seoul High Court 2012Nu28263) and the final appeal (Supreme Court 2013Du11901).

E. Upon the Supreme Court’s final decision on September 12, 2013, the two weeks Mayor issued an order to register each of the instant land in the name of the Plaintiff, who is the actual right holder, within one year from September 12, 2013, to the Plaintiff on November 8, 2013.

F. The Plaintiff did not comply with the above performance order, and the Yangju Mayor did not exceed the Act on the Registration of Real Estate under Actual Titleholder’s Name on October 7, 2014.

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