이행강제금부과처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On March 17, 2017, the Plaintiff entered into a lease agreement (hereinafter referred to as “instant lease agreement”) with the manager of a fluor store in Busan, Seocheon-gu, Busan, 4001, No. 4001, and 42 parts, the total area of 1858.09 square meters (hereinafter “instant leased object”) on a rent of KRW 111,486,00, and the lease period from March 14, 2017 to March 13, 2018.
B. On April 3, 2017, the Defendant discovered the fact that the Plaintiff was performing construction work to use the leased object of this case designated as sales facilities and Class II neighborhood living facilities for two model houses and public relations offices corresponding to cultural and assembly facilities.
C. The Defendant on April 7, 2017 and the same year on the ground that the Plaintiff, without permission, changed the use of the leased object to cultural and assembly facilities.
5. On two occasions on July 17, 201, the Plaintiff issued a voluntary order to remove the leased object of this case. However, on July 4, 2017, the Plaintiff imposed KRW 58,365,000 on the Plaintiff on the charge for compelling the performance, following prior notice that the Plaintiff would not comply with the order.
(hereinafter “Disposition of this case”). 【The ground for recognition of this case’s Disposition of this case’s Disposition of this case’s No. 1, 2, and 9 (including each number, hereinafter the same shall apply), Eul’s 1 through 7, the purport of the whole pleadings, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is that the plaintiff entered into an agency contract with the regional housing association promotion committee of Malulue Regional Housing Association (hereinafter "the promotion committee of this case") and entered into the instant lease contract on behalf of the promotion committee of this case, and the actual lessee is the promotion committee of this case. While the plaintiff colored the model house for the promotion committee of this case, he can use the leased object of this case as model house from the manager of the leased object of this case, and the plaintiff entered into the instant lease contract.