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(영문) 서울고등법원 2014.12.24 2013누1319

이행강제금부과처분취소청구

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the court should explain in this judgment are as stated in the reasoning of the judgment of the court of first instance, except for the cases where part of the judgment is changed as stated in the following Paragraph (2). Thus, it shall accept it in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. The third 8-9 of the judgment of the first instance court stated that “1. 4, 2012” portion was “ December 29, 2011.”

(b) 1,574,438,00 won “1,574,438,00 won” in Part 9 of Part 3 of the first instance judgment “1,574,438,800 won”; and

C. In addition to the above facts, the first instance court's decision No. 17-19 of the first instance court's 6th 17-19 "it is reasonable to view that the Plaintiff neglected the use of each land of this case as of the time of the instant disposition as well as at the time of the instant disposition without using it for the permitted purpose. Thus, the Plaintiff's allegation in this part is without merit, comprehensively considering the above legal principles and the evidence submitted by the Plaintiff to the appellate court and the circumstances of its assertion, even though considering all of the evidence submitted by the Plaintiff up to the appellate court, it is reasonable to view that the Plaintiff, who did not actually commence the use of the land such as construction necessary for the construction of an apartment, etc., for the specific purpose of use of each land of this case as well as the scheduled date of commencement prescribed in the above use plan, without using each land as at the time of the instant disposition. Accordingly, this part of the Plaintiff's assertion alleged on the premise is without merit."

Up to 20-7 pages 12 of the judgment of the court of first instance shall be written in the following manner:

2) Article 124-2 of the National Land Planning and Utilization Act and the National Land Planning and Utilization Act as to the assertion of abuse of discretionary power.