건축이행강제금부과처분취소
1. The Defendant’s disposition of imposing KRW 83,200,000, which was enforced against the Plaintiff on December 23, 2019, is revoked.
2...
1. Details of the disposition;
A. The second floor of Yeongdeungpo-gu Seoul and 24 lots of ground C buildings (hereinafter “instant building”) consists of the exclusive area of 4.96 square meters and the exclusive area of 4.96 square meters, respectively, and the Plaintiff is the owner under subparagraphs D and E among them.
B. On November 10, 2014 and March 2, 2015, the Plaintiff entered into a contract to lease a separate store with the owners of the two-story divided stores (hereinafter “the instant divided owners”) (hereinafter “each of the instant lease agreements”).
At the time of the conclusion of each of the instant lease agreements, the Plaintiff prepared a letter of implementation stating that “When compulsory payments are imposed due to illegal business activities by the Si/Gun/Gu office, the Plaintiff shall be responsible for it.”
(c)
On April 30, 2015, the Plaintiff established F Co., Ltd. (hereinafter “F”) as the only officer’s representative, and F Co., Ltd. (hereinafter “F”). From May 15, 2015, from around KRW 832 square meters of part of the second floor of the instant building (hereinafter “instant violation”).
(d)
On March 28, 2019, the Defendant issued an order for correction on May 3, 2019 with respect to the act of changing the second floor sales facilities of the instant building to amusement facilities (a dance hall) without permission (hereinafter “instant act of violation”) against the Plaintiff and the instant sectional owners by no later than May 3, 2019 (hereinafter “instant order for correction”); and the Defendant urged again on May 7, 2019, where the violation of the instant order is not corrected.
E. The instant sectional owners asserted that “the Plaintiff concluded a lease agreement with the Plaintiff, and the Plaintiff was liable for any illegal problems regarding the stores, etc.” and raised an objection to the corrective order.
F. Accordingly, on July 18, 2019, the Defendant accused the Plaintiff and all of the instant sectional owners against the Building Act at the Seoul Yeongdeungpo Police Station, and objection against the Plaintiff on July 30, 2019.