기타(이행강제금부과처분취소청구)
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
1. The reasons for the acceptance of the judgment of the court of first instance are as stated in the reasons for the judgment of the court of first instance, except for addition or modification of each corresponding part of the judgment of the court of first instance as follows.
2. The following items are added between the fourth and third parties. (3) The Plaintiff newly constructed a house on each land of this case according to the defendant's implementation order and uses it according to the purpose of use. According to Article 124-2 (5) of the National Land Planning and Utilization Act, the enforcement fine cannot be imposed if the person ordered to perform the implementation order complies with the implementation order. Thus, the disposition of this case issued after the plaintiff fulfilled the defendant'
(4) In light of the fact that the Defendant did not impose a non-party enforcement fine on APCo, a non-party corporation (hereinafter “APCo”), which owns neighboring land of the instant case, issued an implementation order following the violation of the purpose of using the land acquired in the land transaction permission zone. The instant disposition is unlawful as it violates the principle of equality, in view of the fact that the Defendant did not impose a enforcement fine on APCo even though EPCo failed to comply with the implementation order.
3. From the perspective of the content and purport of relevant Acts and subordinate statutes, including Articles 56 (1), 124 (1), and 124-2 (1) and (2) of the National Land Planning and Utilization Act, the permission system for a land transaction contract is to prevent speculative transactions in an area where speculative transactions of land are prevalent or the land price rapidly increases, and an area where such concerns exist, and the competent authority grants permission for a land transaction contract only to allow a person who intends to enter into a land transaction contract to enter into a land transaction contract in compliance with the permission standards set forth in the National Land Planning and Utilization Act, taking into account the aforementioned legislative intent, and is naturally premised on permission for land development activities at the time of permission.