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(영문) 수원지방법원 2018.01.26 2017구단8228

기타이행강제금부과처분취소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff owned 1/2 of the following: (i) 1,35 square meters, C 55 square meters, C 585 square meters, D 1,759 square meters, E 496 square meters, F 2,172 square meters, G 3,603 square meters, G 271 square meters, and H 271 square meters, located within a development-restricted zone; (ii) on May 15, 2017, the Plaintiff sold each of the said shares to a third party and transferred the registration of ownership transfer on June 30, 2017.

See The Defendant issued a corrective order against the Plaintiff on the grounds of the violation of Article 12 of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Special Measures Act”), as follows:

The Defendant, on May 16, 2016, issued a corrective order (Recovery period: from May 16, 2016 to June 20, 2016), which was issued on May 16, 2016, to the 1,552.04 of the G-type and quality change parking lot G-E-type and quality change storage store 1,52.04, 40.8.34. 68. 18, 604, 5027278, 288, 208, 2016, 207, 200, 206, 1,000,000,000,000 within the 1,552,000,000,000,000,000,000,000,000,000,000,000).

Applicant and the defendant performed a field investigation between June 2017 and July 2017, and confirmed the current status of illegality, and accordingly, the plaintiff on July 26, 2017.