Deals & Cases

Revocation of a Penalty Surcharge Imposition
Revocation of a Penalty Surcharge ImpositionClaim Granted

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

The client believed that the penalty surcharge imposed on him was unjust, and while looking for a law firm to assist him, he came to Daeryun's Anyang office.

1. The Client's Situation

Anyang Law Firm

The client came to Daeryun's Anyang office to request help, wishing to resolve the matter with the assistance of a law firm experienced in handling a wide range of administrative cases.

How the Client Came to the Anyang Law Firm

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.

2. Revocation Lawsuit Statutes Explained by the Anyang Law Firm

A revocation lawsuit is a lawsuit seeking the revocation or modification of an unlawful disposition or ruling by an administrative agency.

It is a lawsuit intended to restore to its original state the unlawful condition arising from an unlawful disposition, and to remedy the rights and interests infringed by that disposition.

Article 12 (Standing to Sue)

A revocation lawsuit may be filed by a person who has a legal interest in seeking the revocation of a disposition or the like. The same applies to a person who has a legal interest that would be restored through the revocation of the disposition, even after the effect of the disposition has lapsed by reason of the passage of time, the execution of the disposition, or other grounds.

A revocation lawsuit must be filed within 90 days from the date on which the party became aware of the disposition, and within one year from the date on which the disposition was made.

3. Assistance Provided by the Anyang Law Firm

The Anyang Law Firm formed a task force of attorneys with extensive practical experience and know-how in public service matters, and analyzed the case closely.

Through close consultation with the client, the firm prepared a stage-by-stage response and presented the following arguments.

Anyang Law Firm Argument ⓛ the Administrative Agency's Burden of Proof

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.

Anyang Law Firm Argument ② the Administrative Agency's Misapprehension

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.

4. The Court's Judgment on the Anyang Law Firm's Arguments

The court accepted the Anyang Law Firm's arguments and issued a decision that ‘The penalty surcharge imposed by the defendant on the plaintiff is revoked. The litigation costs shall be borne by the defendant.’

The client expressed deep gratitude to the Anyang Law Firm.

If You Need the Assistance of the Anyang Law Firm

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.

안양법무법인 조력 | 안양법무법인 조력으로 과징금부과처분취소소송 인용

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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