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. The Plaintiff installed a plastic house of 72 square meters and a container of 18 square meters (hereinafter “instant temporary building”) on the ground of the Subdivision-gu, Sungnam-si, Sungnam-si, and used it as a warehouse storing living water, etc.
B. Accordingly, on April 21, 2014 and June 13, 2014, the Defendant ordered the Plaintiff to reinstate for a fixed period, but did not correct the Plaintiff, issued a pre-announcement of the imposition of the charge for compelling compliance on September 29, 2014, and issued the instant disposition imposing KRW 5,346,000 on the Plaintiff on April 9, 2015.
[Ground of recognition] No. 2-1 of evidence No. 2-1, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion is a temporary building with a size of less than 100 square meters, which is a building that can be constructed without permission or reporting, and does not violate the Building Act.
The Plaintiff, a public official in charge, heard that there is no problem about plastic houses for the purpose of growing crops, installed the said plastic houses in order to cultivate crops, such as mushrooms and fruit trees, around December 2014, and there was two containers, which were originally placed in two containers, but was removed on October 7, 2014 after receiving the notice of charge for compelling the performance, and the rest of one container moved from the roadside to the rear of the building.
Nevertheless, the instant disposition that the Defendant imposed a non-performance penalty against the Plaintiff is unlawful.
(b) Article 20 (1) of the Building Act provides that a person who intends to construct a temporary building in an area planned for urban or Gun planning facilities or planned urban or Gun planning facilities shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, and that a person who intends to construct a temporary building for the purposes prescribed by Presidential Decree, such as disaster relief, entertainment, exhibition, construction works, shall comply with the retention