이행강제금부과처분취소
1. The Defendant’s disposition of imposing KRW 7,798,000 on the Plaintiffs on December 10, 2013 is revoked.
2...
1. Details of the disposition;
A. The Plaintiffs are owners of four specialized restaurants, boiler rooms, and warehouses (hereinafter “instant building”) of reinforced concrete tanks slives on the ground of the D-Sk-si, Samsung-si.
B. On August 6, 2013, the Defendant issued a corrective order to reinstate the building of this case to the Plaintiffs by September 4, 2013 on the ground that the use of the building of this case was altered and substantially repaired without permission, and issued the second corrective order as of September 11, 2013, and the third corrective order as of October 2, 2013.
Article 11 of the Building Act, Article 11 of the Building Act, Article 19, of the Building Act, shall apply to housing use, and Article 11 of the Building Act, Article 11 of the Building Act, of a house of 54.6 square meters in storage.
C. On December 10, 2013, the Defendant imposed KRW 7,798,000 on the Plaintiffs for non-permission for large-scale repair (change of main stairs) among the details of the above violation pursuant to Article 80 of the Building Act.
(hereinafter “Disposition of this case”). 【Disposition of this case’s ground for recognition of this case’s existence of no dispute, Gap’s evidence No. 1, Eul’s evidence No. 4 (including each number), the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. Although the plaintiffs asserted that they built the interior of the building of this case, they did not change the location of main stairs.
The instant disposition based on the premise that the plaintiffs had repaired the building of this case is unlawful.
(b) Entry in the attached Form of relevant statutes;
C. According to relevant statutes, such as Article 2(1)9 and Article 11 of the former Building Act (Amended by Act No. 12246, Jan. 14, 2014); Article 3-2 of the former Enforcement Decree of the Building Act (Amended by Presidential Decree No. 25050, Dec. 30, 2013); the act of expanding, dismantling, repairing, or altering main stairs, escape stairs, or special escape stairs of a building constitutes substantial repair subject to a building permit or building report.
The disposition of this case is the main stairs of the building of this case without permission of the plaintiffs.