기타이행강제금부과처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Details of the disposition;
A. The Seocho-gu Seoul Metropolitan Government 294 square meters (hereinafter “instant land”) which is owned by C is located within the development restriction zone.
B. The Plaintiff has been running a brick sales business for 30 years. On November 2013, the Plaintiff was discovered in violation of Article 12 of the Act on Special Measures for Designation and Management of Areas of Restricted Development (hereinafter “Act on Special Measures for Designation and Management of Areas of Restricted Development”) by putting up building materials, such as bricks, on the instant land, and installing a temporary office in container.
In light of the video (Evidence B) taken at the time of control, construction materials are stored in the substantial part of the land of this case, and there is a studio, etc. around the temporary office. In light of the characteristics of the Plaintiff’s business, it is reasonable to view that the land of this case is used as a place for piling up the building materials as a whole.
C. On November 5, 2013, the Defendant pointed out a violation of the provisions of the preceding paragraph against the Plaintiff, and issued a corrective order with the following content as an unlawful matter, ordering the Plaintiff to voluntarily maintain until December 4, 2013.
Use of a temporary office of 9mm2 in a container with building materials 294m2 without permission for changing the form and quality of building materials in B, B, 294m2 in an area in violation of the purpose of structural use of the location land user;
D. The Plaintiff did not comply with the above corrective order, and the Defendant notified the Plaintiff of the imposition of enforcement fines on March 6, 2014.
E. On May 30, 2014, the Plaintiff submitted a written opinion to implement the restoration to the original state by May 30, 2014, and subsequently moved the building materials, etc. loaded on the instant land to the ground that is adjacent to the said land, Seocho-gu Seoul Metropolitan Government D road (hereinafter “D land”).
The above D land purchased and owned by C in 1973 together with the instant land, and is located in the Plaintiff’s workplace in light of its location and utilization status, etc.