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(영문) 창원지방법원 2015.04.07 2014구합630
과징금부과처분취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On June 11, 2013, the Plaintiff purchased the land B from Changwon District Court 2012Da3877, which was decided to register the said land in the name of Yongnam-do, around May 1, 2008, and concluded with D to register the said land under the name of Yongnam-do, and on June 19, 2008, each of the real estate listed in the list of imposition of penalty surcharges in attached Table 1 (hereinafter “total of the above real estate”), including the completion of the registration of ownership transfer under the name of the title trustee D, and each of the real estate listed in the list of imposition of penalty surcharges in attached Table 1 (hereinafter “the total of the above real estate shall be each of the instant real estate, and each of the individual real estate shall be real estate according to the above list) was sentenced to a suspended sentence of six months for a period of six months, due to criminal facts. The above judgment became final and conclusive on June 19, 2013.

(hereinafter referred to as "related criminal trial") b.

On August 16, 2013, the chief clerk of the Changwon District Court rendered a notification to the Defendant that the Plaintiff trusted the title of each of the instant real estate to D, etc. in violation of Article 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).

C. On September 25, 2013, the Defendant pre-announced the Plaintiff with a penalty surcharge imposed on the violation of the Real Estate Real Name Act, and on October 22, 2013, by applying Article 5 of the Real Estate Real Name Act and Article 3-2 [Attachment Table] of the Enforcement Decree of the same Act, the Defendant imposed a penalty surcharge of KRW 238,70,320 for the instant real estate 1 through 5 real estate, as shown in the list of imposition of penalty surcharges in attached Table 1,

(hereinafter referred to as “instant disposition”). . [The grounds for recognition] did not dispute, Gap evidence 1, and Eul evidence Nos. 1, 2, 3, and 5 shall include each number, below.

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