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(영문) 인천지방법원 2017.07.11 2016구단886

이행강제금부과처분취소

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On November 27, 2015, Plaintiff A Co., Ltd. (hereinafter “AMT”) acquired ownership of 44,053 square meters of land in Dongdaemun-gu Incheon Metropolitan City, Nam-gu, Incheon Metropolitan City (hereinafter “instant land”); and Plaintiff A Co., Ltd (hereinafter “A”) leased the instant land from Plaintiff AM and obtained permission from the Defendant on March 8, 2016 for changing the form and quality of land for piling up the goods and for building an off-road parking lot with respect to 3,968 square meters of land among the instant land and for building an off-road parking lot with respect to 3,968 square meters of land among the instant land.

B. On April 19, 2016, the Defendant issued a corrective order for the restoration to the original state by April 29, 2016 on the ground that “illegal construction: 22 roads for the installation of container (office, etc.), A=525 square meters, and illegal alteration of form and quality: Miscellaneous parking lot (a=4,053 square meters),” and issued a corrective order for the Plaintiff A and the Plaintiff A and C representative D, by April 29, 2016, and issued a notice for the imposition of enforcement fines on May 3, 2016 to the Plaintiffs and D, respectively, on July 5, 2016 (hereinafter “instant disposition imposing enforcement fines”).

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence Nos. 1, 2, 4 through 7 (including branch numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Since the Defendant’s permission to change the form and quality of farmland for the creation of farmland on August 19, 194, the land in this case alleged that the Plaintiff did not engage in an unlawful change in the form and quality of the Plaintiff’s assertion 1, the form and form of the land was changed in the form and quality of the land through the act of raising, suspending, etc., and the form and form of the land was changed externally. As can be seen, the land whose shape had already been changed was acquired on November 27, 2015, and the Plaintiff and D used it for the purpose of the parking lot without changing the appearance of the land in this case.