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(영문) 수원지방법원 2014.04.24 2013구합5327
과징금부과처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Defendant’s initial penalty surcharge imposition 1) the former A Co., Ltd. (registration number B, and changed on December 15, 2010: C Co., Ltd. and hereinafter “Gu A”).

(2) On October 28, 1994, the former Party: (a) purchased the land listed in the separate sheet (hereinafter “each of the instant land”) from F on February 20, 1993 from F, and paid the price in full on April 28, 1994; and (b) completed the registration of ownership transfer of the said land on February 2, 2005.

3) On November 18, 2008, the Defendant rendered a disposition imposing a penalty surcharge of KRW 385,693,000 on A on the ground that it was not registered for a prolonged period under Article 10(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name because it was not registered for each of the instant lands within the grace period under the former Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “the first disposition of this case”).

B) B. (1) On February 16, 2009, the former A filed an administrative litigation seeking revocation of the first disposition of this case on the ground that “A is unable to file an application for registration under the proviso of Article 10(1) of the Real Estate Real Name Act with the competent Suwon District Court 2009Gudan1284 on February 16, 2009. Even if it is not so, the former A had no legitimate reason to file an application for registration under the proviso of Article 10(1) of the Real Estate Real Name Act.” Even if it was not so, the former A filed an administrative litigation seeking revocation of the first disposition of this case on the ground that it did not evade taxes

2) The former judgment of the first instance court appealed on April 20, 2010 by Seoul High Court 2010Nu11223, and on February 17, 201, it cannot be deemed that there were justifiable grounds for not being able to complete the registration of ownership transfer to the former A, but it cannot be deemed that the former A had conducted the title trust for the purpose of evading taxes or avoiding restrictions pursuant to the statutes. Therefore, there were grounds for reduction of penalty surcharges.

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