건축이행강제금부과처분취소
1. The part of the judgment of the court of first instance against the plaintiff, which orders revocation below, shall be revoked.
Defendant.
1. Details of the disposition;
A. On March 29, 2016, the Defendant: (a) the Plaintiff: (b) the sequences below each building in the building located in Dong-gu, Nam-gu, Seoul; (c)
4. The building of this case shall be referred to as “the building of this case” with the exception of 10.0 square meters of assembly-type panel.
A corrective order was issued on the ground that an extension without reporting or obtaining permission under the Building Act was made on the basis of the violation of the size of a building without permission. Serial size 11 general steel-frame structure 215.0 without permission for extension without permission for storage (Article 14 Section 21, 16.131 prefabricated-type panel 30.41 prefabricated-type panel 10.05 Iron-type panel 10.8
B. On December 5, 2016, the Defendant urged the Plaintiff to take corrective measures with respect to the instant building (hereinafter referred to as “each of the instant buildings”) as follows:
Serial Scale of a building without permission for extension of 11 general steel structure 215.0 (Article 11) of prefabricated-type 12 201, 16.1 (Article 14) of prefabricated-type panel 31 prefabricated-type 2012 31, 30.4 20094 1 iron pipe 7.8 208
C. On December 29, 2016, the Defendant issued a notice of imposition of KRW 40,268,00 upon the Plaintiff’s nonperformance of the corrective order, and on February 6, 2017, the period of correction was extended until March 30, 2017 upon the Plaintiff’s request for extension of the deadline for removal.
On April 28, 2017, the Defendant issued a notice of imposition of KRW 31,46,00 for non-performance penalty, which was issued to the Plaintiff on April 28, 2017, after changing the construction time of the instant building No. 2 from the warehouse to the agricultural warehouse. On June 30, 2017, the Defendant issued a disposition imposing KRW 31,466,000 for non-performance penalty (hereinafter “instant disposition”).
The specific contents of the instant disposition are as follows.
§ 15.0.11 Unauthorized expansion of section 11.29.29.20