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(영문) 서울고등법원 2017.11.24 2017누64325
과징금부과처분취소
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. The reasoning of this court’s acceptance of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the addition of the judgment by this court as follows. Thus, it shall be cited by Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The abbreviation of the law to determine the addition by this court is subject to the judgment of the court of first instance.

A. The summary of the grounds of appeal 1) If a title truster, who completed a title trust agreement and a title trust registration, dies before the enforcement of the Real Estate Real Name Act, his/her heir comprehensively succeeds to the title truster’s position. However, even though the Real Estate Real Name Act enters into force, if his/her heir fails to complete the real name registration, if the heir is aware of at least the fact of title trust of the inheritee, then the heir is subject to a penalty surcharge if he/she actually differs from the title truster, and thus, the heir is liable for the real name registration under Article 11(1) of the Real Estate Real Name Act. (2) Article 2 subparag. 2 of the Real Estate Real Name Act provides that “title truster” means a person having the real right to his/her real estate under another person’s name, and Article 11(1) of the same Act provides that, prior to the enforcement of the Real Estate Real Name Act, a title truster, who had any real right to real estate registered or required to register under a title trust agreement under the title trust agreement, ought to register within one year from the enforcement date of the Real Name Act.

B. On the grounds delineated below, a person who actually commits a crime under Article 11(1) of the Real Estate Real Name Act.

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