이전명령 취소
1. The plaintiff's claim against the defendant corrected by this court is all dismissed.
2. The costs of the lawsuit of this Court.
1. Details of the disposition;
A. On November 23, 1976, the Plaintiff’s father D (hereinafter “the deceased”) purchased C forest land of 33,025 square meters (hereinafter “instant land”) and completed the registration of ownership transfer on November 24, 1976.
B. The Plaintiff completed the registration of ownership transfer on August 14, 2006 due to inheritance by division as of May 15, 2006, with respect to the portion of 9,110/90 remaining as owned by the Deceased among the instant land.
C. On November 4, 2015, the Defendant discovered that a swimming pool was installed on the instant land, which is a development restriction zone, and issued a corrective order (hereinafter “instant corrective order”) pursuant to Articles 12(1) and 30(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Development Restriction Zones Act”) to the Plaintiff on November 4, 2015. On January 21, 2016, the Defendant issued a notice of demand for correction and imposition of enforcement fines again, but the Plaintiff did not comply therewith.
On April 14, 2016, the Defendant issued an order to relocate a grave (hereinafter “instant order”) to the Plaintiff pursuant to Articles 14 and 17 of the Act on Funeral Services, Etc. (hereinafter “the Funeral Act”).
E. On April 19, 2016, Article 12(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones; Article 1 of the Addenda of the Act on Special Measures for Designation and Management of Development Restriction Zones (amended by Act No. 12956, Dec. 31, 2014; hereinafter “former Development Restriction Zones Act”); and Article 1 of the Addenda of the Act on Special Measures for Designation and Management of Development Restriction Zones (Act No. 12956, Dec. 31, 2014) provides that “The amended provisions of Article 30-2(1) shall enter into force on January 1, 2018.” Thus, at the time of imposing the enforcement fine of this case, Article 30-2(1) of the former Development Restriction Zones Act shall apply.
A disposition imposing KRW 50,00,000 for non-performance penalty pursuant to Article 30-2 (1) (hereinafter “disposition imposing non-performance penalty of this case”).
The transfer order of this case and this case.