이행강제금부과처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
On December 27, 2017, the Defendant: (a) rendered the instant disposition imposing KRW 9,591,710 on the Plaintiff for a violation of the Building Act under the same Building Act as indicated below on the land B, based on Article 80 of the Building Act (Evidence 7); (b) the Plaintiff was lawfully served on January 3, 2018 with the document stating the instant disposition.
(A) A revocation suit shall be instituted within 90 days from the date on which a disposition, etc. is known (the main sentence of Article 20(1) of the Administrative Litigation Act), and when a document stating the disposition is served on the party's address and so is placed in a state in which the party concerned can be aware of the disposition by social norms, it may be presumed that the disposition was known unless there is any proof against the contrary.
(See Supreme Court Decision 2002Du3850 Decided August 27, 2002, etc.). Although it is presumed that the Plaintiff had become aware of the instant disposition upon being lawfully served the instant disposition on January 3, 2018, the Plaintiff filed the instant lawsuit seeking revocation of the instant disposition only after September 7, 2018, which was apparent that the 90-day filing period had lapsed, and thus, the instant lawsuit was unlawful.
It is so decided as per Disposition.