건축이행강제금부과처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On June 16, 2016, the Plaintiff issued a certificate of completion of construction reporting to the Plaintiff on June 15, 2019, with respect to the structure of 4 units of a temporary building of the total floor area of 892.2 square meters on the Seo-gu Incheon, Seo-gu, Incheon, in relation to the structure of “Grape structure (Pipe/tent),” the purpose of use was “temporary buildings (temporary storage),” and the retention period. The Defendant issued a certificate of completion of construction reporting to the Plaintiff on June 17, 2016.
B. On October 12, 2016, the Defendant confirmed the fact that the Plaintiff extended the “building (a general steel structure / warehouse facility 748.2m2m2m2, assembly-type / manufacturing facility 144m2m2)” (hereinafter “instant violating building”) of the reported matters of construction of the said temporary building and “general steel structure and assembly-type panel structure” (hereinafter “instant violating building”).
C. Accordingly, the Defendant issued a corrective order ordering the Plaintiff to voluntarily repair the instant violating building on October 31, 2016, and December 6, 2016 (by no later than November 30, 2016 and December 30, 2016, on the ground that the Plaintiff did not comply with the order, but notified the Plaintiff of the imposition of charges for compelling the performance on February 13, 2017, the imposition of charges for compelling the performance under Article 80 of the Building Act on October 23, 2017.
As a result of an administrative appeal filed by the Plaintiff, partial reduction was rendered on the ground of error in the application of the usage index, and the Defendant issued a disposition to reduce the charge for compelling compliance to KRW 156,810,000 according to the above reduction ruling on March 2018.
(hereinafter referred to as “instant disposition” for imposition of enforcement fines by October 23, 2017, the remaining part of which was reduced as above is referred to as “instant disposition”). [Grounds for recognition] There is no dispute, entry of Gap’s 2 through 6, Eul’s 1 and 11 (including branch numbers in case of additional numbers), and the purport of the whole pleadings.
2. Whether the disposition is lawful;
A. The plaintiff's assertion of this case.