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(영문) 수원지방법원 2018.12.14 2018구단3596

이행강제금부과처분취소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The following are the land divided into G land on February 11, 1971: (i) the 200 square meters in B miscellaneous land B, 162 square meters in C miscellaneous land, 129 square meters in D miscellaneous land, 79 square meters in E miscellaneous land, and 218 square meters in F miscellaneous land (hereinafter referred to as “instant land”).

H A. On December 5, 1970, the Gyeonggi-do Governor developed forest land upon obtaining permission for forest reclamation (3.51 p.m. of the area to be reclaimed, creation of housing sites for the purpose of clearing, and period of clearing from April 6, 1970 to April 20, 1978) from the Gyeonggi-do Governor, and during that process, the land of this case, which is the initial forest, was changed to the miscellaneous land.

B. The Plaintiff acquired the ownership of the instant land from around December 1, 2006 to around 2010, since the land was designated as a development restriction zone on December 11, 1976.

Article 30-2 of the Act on Special Measures for Designation and Management of Development Restriction Zones: (a) the Defendant conducted a field trip on May 24, 2018; (b) confirmed the following violations; and (c) issued a corrective order to restore the Plaintiff to the original state; and (d) the Plaintiff refused to comply therewith; and (b) on May 31, 2018, the Defendant issued the instant disposition imposing KRW 50,41,000 for enforcement fines on the Plaintiff based on Article 30-2 of the Act on Special Measures for Designation

A B CD E 【Ground for Recognition】 without dispute, Gap evidence 1 through 7, Eul evidence 5, 6 (including paper numbers), the purport of the whole pleadings

2. (1) The Act on Special Measures for Designation and Management of Development Restriction Zones prohibits, in principle, the act of constructing buildings, altering the purpose of use, installing structures, changing the form and quality of land, etc. in a development restriction zone (the main sentence of Article 12(1)); exceptionally, where such act can be performed with permission from the head of a Si/Gun/Gu (the proviso to Article 12(1)); where such act can be conducted with reporting to the head of a Si/Gun/Gu (Article 12(3)); or where such act can be conducted without permission or reporting (Article 12(4)).