(영문) 의정부지방법원 2019.01.29 2018구합2020

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(영문) 의정부지방법원 2019.01.29 2018구합2020

과징금부과처분취소

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1. The instant lawsuit shall be dismissed.

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

Reasons

Plaintiff

On April 5, 2018, the Defendant: (a) imposed upon the Plaintiff a long-term unregistered penalty surcharge of KRW 3,49,510 under Article 10 of the Special Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “instant disposition”) on the ground that “The Plaintiff did not file an application for the registration of ownership transfer within 60 days from the date on which the consideration was completed, even though the Plaintiff concluded a contract on the ownership transfer of real estate with respect to the total four parcels in Seocheon-gun, C, D, and E; and (b) the instant disposition should be revoked as unlawful.

The defendant's prior defense on the legitimacy of the lawsuit of this case is to the purport that "the lawsuit of this case is brought against the time limit for filing the lawsuit of this case and must be dismissed as it is illegal."

On the other hand, Article 20 (1) and (2) of the Administrative Litigation Act provides that "the revocation lawsuit shall be instituted within 90 days from the date on which the plaintiff becomes aware of the disposition, etc., and if the method of claiming an administrative appeal is selected, the revocation lawsuit shall be instituted within 90 days from the date on which the written adjudication on the administrative appeal is served, and no lawsuit for revocation shall be instituted after the lapse of one year from the date on which the disposition, etc. is served, or the date on which the adjudication is rendered." The defendant issued the disposition of this case on April 5, 2018. The fact that the disposition was served on the plaintiff on April 16, 2018 is recognized as either the dispute between the parties concerned or the purport of the entire pleadings in the evidence No. 3 and evidence No. 1, and the fact that the lawsuit of this case was filed on August 14, 2018, which was remarkably raised after the period for filing the lawsuit of this case is unlawful.

In conclusion, the lawsuit of this case is unlawful, so it is decided to dismiss it as per Disposition.

참조조문

-행정소송법 제20조

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