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. The Plaintiff is an owner of 1 Dong (total floor area of 837.18 square meters), 2 livestock pens (total floor area of 228 square meters), 1 Dong (total floor area of 80 square meters), 2 Dong (total floor area of 80 square meters), and 2 Dong (total floor area of 69 square meters) in storage (total floor area of 5 square meters).
B. On March 27, 2015, the Defendant issued a corrective order to the Plaintiff to restore each building to its original state by April 30, 2015 on the ground that each building violated Article 11 of the Building Act, and issued the second corrective order on May 8, 2015.
C. On June 24, 2015, the Defendant notified the Plaintiff of the pre-announcement of the imposition of the charge for compelling the performance on August 5, 2015, the Defendant imposed the charge for compelling the performance under Article 80 of the Building Act on August 31, 2015 by the due date for payment on August 31, 2015, when the Plaintiff did not comply with the corrective order.
(hereinafter “instant disposition”) D.
On September 22, 2015, the Defendant urged the Plaintiff to pay the enforcement fine.
(hereinafter referred to as “instant demand disposition”). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 5 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.
2. Judgment on the defendant's main defense of safety
A. The Defendant’s main defense defense Plaintiff filed the instant lawsuit after the lapse of 90 days from the date on which he/she became aware that the instant disposition was rendered while disputing the legitimacy of the instant disposition, which is unlawful as it did not observe the period for filing the instant lawsuit.
B. According to Article 80(7) of the Building Act, Articles 8 and 19 of the Act on the Collection, etc. of Local Non-Tax Revenue Revenue, and Article 23 of the National Tax Collection Act, when a person subject to a disposition of imposing a non-performance penalty fails to pay the non-performance penalty within the specified period, he/she may urge the payment thereof. If the non-performance penalty is not paid within the specified period, he/she may collect the non-performance penalty in accordance with the procedure of arrears.