이행강제금부과처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. (1) On May 24, 1994, the Plaintiff obtained a building permit for the purpose of Class 1 neighborhood living facilities of the first floor, Class 2-4 facilities for the elderly and children of the second floor, the facilities for the elderly and children of the fifth floor, and the sports facilities (physical training training facilities) on the ground of the 3rd underground and the 5th floor of the building in Seongbuk-gu, Sungnam-si (hereinafter “instant building”). After completing the construction work on April 19, 196, the Plaintiff obtained the use permit from the Defendant.
(2) Thereafter, around April 200, the Plaintiff extended the area of 132.33 square meters, 212.37 square meters, 4, 5 square meters, each of 132.33 square meters, 212.37 square meters, 210.12 square meters, respectively, of the 1st floor of the instant building. On November 24, 2000, the Plaintiff obtained approval for the use of the extended area. On December 23, 2000, after the approval for the use, the Plaintiff changed the indication from the “facilities for the elderly” to the “education, research, and welfare location.”
(3) On July 6, 2006, the alteration of the interior partition of the third floor of the instant building was made, and the Plaintiff changed the indication of the building ledger from “educational, research and welfare site theory” to “educational, research and welfare facilities (social welfare facilities: social welfare facilities). As a result, at the time when the Defendant imposed the instant enforcement fine, the use of the instant building and its size are as follows.
The Plaintiff leased part of the instant building to C from January 201, 201, while the Plaintiff directly operates a 1,35.03 second-story educational research and welfare facilities of 1,172.95 3rd-story educational research and welfare facilities of 1,301.29 4th-story educational research and welfare facilities of 1,304.48 5th-story educational research and welfare facilities of 1,304.48 1,087 sports facilities (physical training facilities) of 1,087.84th-story 1,210.12th-story and 74.79 (4) of the building of this case. The Plaintiff leased a part of the instant building to C from January 2001 while having operated a Do fishing private teaching institute from the 1 and 3th-story of the instant building, had the Plaintiff operate a private teaching institute directly and added the educational project (operation facilities) to a private teaching institute under the articles of incorporation on April 2004.