Anyang Law Firm's Assistance | A Lawsuit to Revoke a Penalty Surcharge Imposition Granted Through the Anyang Law Firm's Assistance

The account of the client who requested a consultation is as follows.

After concluding a contract to purchase land, the client was given a penalty surcharge imposition by the administrative authority on the ground that he had not applied for registration of ownership transfer within three years from the date he paid the purchase price.

The client, who had not paid the full purchase price to the party obligated to register and had therefore not completed the counter-performance for the registration of ownership transfer, was greatly bewildered to have this disposition imposed on him.

The client determined that there was a defect in the administrative authority's disposition and decided to file 🔗administrative litigation.

Wishing to resolve the matter amicably by handling the case together with a law firm experienced in a wide range of administrative cases, the client came to the Anyang law firm.

In an appeal litigation, the burden of proving the lawfulness of an administrative disposition rests in principle with the disposing agency that asserts the lawfulness of that disposition.

Accordingly, it is the defendant who must prove the lawfulness of the disposition at issue in this case.

The firm emphasized that, in light of the evidence submitted by the defendant in the administrative litigation, it was insufficient to find that payment of the purchase price had been completed, and that there was no evidence sufficient to establish this.

The client had not provided full payment of the purchase price even as of the time the penalty surcharge was imposed.

Performance of the counter-obligation had in fact not been completed.

The defendant misapprehended the facts and imposed the penalty surcharge without properly investigating the requirements for the disposition.

The firm therefore emphasized that the disposition at issue in this case fell within a case involving a defect of misapprehension of the facts, that the defect was serious, and that the disposition should be revoked.

Daeryun Law Firm works in close collaboration with 🔗administrative attorneys and others.

It forms task forces led by attorneys with extensive practical experience and know-how in administrative litigation and administrative remedies, and establishes thorough strategies.

The firm provides comprehensive legal services, including representation in administrative appeals and administrative litigation concerning administrative dispositions, as well as representation in administrative procedures, interpretation of laws related to administrative regulation, and legal advice.

If you need the assistance of an attorney in a situation similar to the case above, please contact Daeryun Law Firm at any time.