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(영문) 대구지방법원 2017.07.14 2017구합20257

건축이행강제금부과처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff newly built the Plaintiff’s building: (a) obtained a construction permit on June 18, 2012 with respect to a detached house with a total floor area of 1,284.816 square meters on the third floor on the land of South-gu, Nam-gu, and C (hereinafter “instant building”); (b) commenced on July 1, 2012; and (c) obtained approval for use on August 28, 2014.

B. The Plaintiff’s illegal extension and the Defendant’s corrective order 1) on December 24, 2015, 2015, the Defendant issued a corrective order to the Plaintiff on December 25, 2016, including the Plaintiff’s installation of a glass window on a total of 244.19 square meters in the first floor parking lot among the instant building, including the Plaintiff’s installation of a glass window on a total of 244.19 square meters, among the instant buildings, by December 24, 2015. The Defendant urged the Plaintiff to rectify the said violation on January 26, 2016 by extending the period of correction on the same date as February 26, 2016. [Attachment 1] [Attachment 1] the name and address of the person who violated the construction location (land size) and the area in violation of the structure use (land size) of the multi-unit house built with D, 147.58, Jun. 18, 2096].

(C) On June 9, 2016, the Defendant pointed out that on May 19, 2016, the instant part of the instant building was not restored to its original state, and the Defendant urged the Plaintiff to correct it on June 8, 2016, and notified that the enforcement fine should be imposed on the Plaintiff on the instant building on June 19, 2016, when failing to correct it. The Defendant issued a field survey on the instant building on June 9, 2016, and the instant part was not corrected. The Defendant confirmed that the instant part was not corrected.