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 the owner of the 6th floor building located in Seodaemun-gu Seoul Metropolitan Government (hereinafter “instant building”).
B. As of July 8, 2014, the Defendant ordered the Plaintiff to rectify (i) violations (i) up to August 4, 2014 (hereinafter “the first corrective order”) and (ii) as of August 6, 2014, on the ground that the 7th floor area of the instant building was extended without permission or reporting under the Building Act (hereinafter “the second corrective order”). C. As of August 29, 2014, the Defendant again ordered the Plaintiff to rectify violations (hereinafter “the second corrective order”).
As the Plaintiff did not voluntarily correct the violation, on September 16, 2014, the Defendant notified the Plaintiff on October 6, 2014 to voluntarily correct the violation (unauthorized removal and restoration to the original state), and provided that KRW 14,310,840 may be imposed if the violation is not corrected within the above period.
On October 20, 2014, the Defendant imposed 14,310,840 won for non-performance penalty pursuant to Article 80 of the Building Act on the ground that the violation against the Plaintiff was not corrected.
(hereinafter “Disposition in this case”). [Grounds for recognition] The Disposition in this case is without dispute; Gap evidence Nos. 1 through 4; Eul evidence Nos. 1 through 5; and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion (1) Article 79(1) of the Building Act provides that where a building violates an order or disposition issued under the Building Act or the Building Act, a corrective order shall be issued within a fixed period of time. The main sentence of Article 80(1) provides that a corrective order shall be imposed if a person fails to comply with a corrective order within the fixed period of time. According to the Ministry of Land, Infrastructure and Transport’s guidelines for the operation of penal provisions of a building in violation of the Building Act, the permitting authority shall have twice the number of times of the corrective order in issuing a corrective order under the Building Act. The period of the corrective order shall be at least 30 days, and the second one shall be the second one.