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, as the owner of No. 201, 202, 203, and 204 (hereinafter “the instant business establishment building”) located in 612, 612, as in the Seo-gu, Seo-gu, Incheon. Around December 2014, the Plaintiff leased the instant business establishment building to the Seo-gu Food Service Industry (hereinafter “Non-Party Company”). On February 25, 2015, the Non-Party Company registered the Internet computer game business to the Seo-gu Incheon Metropolitan City Office, and run juvenile game providing business under the trade name “THHEHHOE TNE EPC PCNE” in the instant business establishment.
B. In registering the above Internet computer game providing business, the non-party company should have stated the size of the place of business including the section for common use and applied for registration, but only 421.92m2, which is the exclusive use area of the building of the instant place of business. The non-party company issued a registration certificate stating the size of the place of business as 421.92m2, with the excess of the size of the area
C. On June 2015, the Defendant recognized that the total floor area of the instant building, including the area of the common use area, etc., in the instant place of business, was less than 583.5 square meters (including the section of common use, which is used as the entrance of the place of business, and 36.8 square meters), and that the use of the building constitutes “sales facilities” rather than “Class II neighborhood living facilities.
(A business establishment providing Internet computer game facilities, the total floor area of which is less than 500 square meters, shall be limited to Class II neighborhood living facilities, and sales facilities, the total floor area of which is not less than 500 square meters).
On June 16, 2015, the Defendant first issued a corrective order, setting the period of correction by July 16, 2015, on the ground that the Plaintiff, the owner of the land, without the Defendant’s permission, changed the purpose of use from “Class II neighborhood living facilities” to “sales facilities” without permission, by the end of July 16, 2015. On July 17, 2015, the period of correction was set by the end of August 17, 2015, and the corrective promotion was requested, and the enforcement fine was made at the same time setting the period of correction by the end of September 4, 2015.