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(영문) 수원지방법원 2019.01.25 2018구단3794

이행강제금부과처분취소

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1. The Defendant’s imposition of KRW 14,830,50,000, respectively, against the Plaintiffs on August 3, 2018, respectively, is 4,45.

Reasons

1. On March 14, 2012, each 1/2 co-ownership transfer registration (transaction on August 4, 2011) in the name of the Plaintiffs was completed on March 14, 2012 with respect to the instant building (hereinafter “instant building”).

B. On August 3, 2018, the Defendant issued the instant disposition to the Plaintiffs, based on Article 80 of the Building Act, imposing KRW 14,830,500 (total amount of KRW 29,661,00) for enforcement fines, as follows, on the grounds of the nonperformance of the corrective order on the violation of the Building Act.

C AD C A B B 【Grounds for Recognition】 without dispute, Gap evidence 1 through 4, the purport of the whole pleadings

2. (i) If a site or a building is in violation of this Act or any order issued or disposition taken under this Act, the permission-granting authority may revoke permission or approval granted under this Act, or order the owner, contractor, field manager, manager, or occupant (hereinafter referred to as "owner, etc.") of the building to suspend the construction, or to remove, rebuild, extend, repair, change, prohibit, or restrict the use of, the building for, or take other necessary measures for, the building.

"" is defined as ".

The main sentence of Article 80 (1) of the Building Act provides that "for a project owner, etc. who fails to comply with a corrective order within the corrective period after receiving the corrective order pursuant to Article 79 (1), the permission-granting authority shall impose charges for compelling compliance under the following subparagraphs if the project owner, etc. fails to comply with the corrective order within the specified period for the considerable period of implementation necessary for the implementation of the corrective order, and subparagraph 1 of the proviso provides that "where the building is constructed in excess of the building-to-land ratio or floor area ratio under Articles 55 and 56, or is constructed without obtaining the permission or making the report, the construction shall be made by multiplying the area by the area in violation