기타이행강제금부과처분취소
1. Revocation of the first instance judgment.
2. The Defendant’s enforcement fine of KRW 18,659,000 against the Plaintiff on December 29, 2014.
1. Details of the disposition;
A. The Plaintiff is an owner of 2,106/10,00 of the total share of 1,140 square meters prior to Gangseo-gu Busan Metropolitan Government (hereinafter “instant land”), located within a development-restricted zone, and manages the entire instant land. The remainder of the share of the instant land except the aforementioned co-ownership is owned by the Plaintiff’s children.
B. The Plaintiff leased the instant land to C, an operator of D, a corporation with the purpose of wholesale and retail business, etc., and the name “F” was changed to “H” on February 26, 2011 (E changed to “H” on April 2, 2014).
) After completing business registration, E used the instant land as a storage yard, such as scrap metal, etc., and E used the instant land directly from the Plaintiff around March 31, 2013. Meanwhile, around May 26, 2016, E leased the instant land from the Plaintiff to May 26, 2016.
C. On June 1, 2011, the Defendant conducted a field investigation on the instant land, and confirmed that the scrap metal was stored on the instant land and the container for the office use was installed as follows.
The actor (owner) in the form of the size of the land as of the location and structure of the facility of the tort C, 1998 newly built of the land container office 18, the Plaintiff 1,064 changed the form and quality of the land 1,064.
D. The plaintiff and C are above-mentioned.
As stated in paragraph (1), the first corrective order was issued on August 27, 2014 pursuant to Article 30 of the former Act on Special Measures for Designation and Management of Development Restriction Zones (amended by Act No. 12956, Dec. 31, 2014; hereinafter “Restriction in Development Restriction Zones”) and second corrective order was issued on October 2, 2014 pursuant to Article 30 of the former Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “instant violation”).
E. The Defendant did not rectify the instant violation by October 23, 2014, which is the second corrective order deadline.