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(영문) 울산지방법원 2016.07.21 2016구합5123

위반건축물에 대한 이행강제금 부과처분취소청구의소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is the owner of the 2nd floor B in Ulsan-gun, Ulsan-gun, a Ulsan-gun, a building (144 square meters for Class 2 neighborhood living facilities, Class 1 neighborhood living facilities of Class 1 of the 2nd floor and 141.18 square meters for Class 1 neighborhood living facilities of the 2nd floor; hereinafter “instant building”). The Plaintiff is running a restaurant (hereinafter “instant restaurant”) with the trade name “C” on the 1st floor of the instant building.

B. The Defendant confirmed that the instant building was constructed without permission in violation of Article 14 of the Building Act, as indicated in the table 1 below, and ordered the Plaintiff to remove the illegally constructed portion by May 20, 2013, on April 22, 2013.

The 1st attached Table 1: 1st floor of 14.25 square meters per 14.25 square meters per 14.25 square meters per 207, 2007, 14.4 square meters per 14.4 square meters per 14.4 square meters per 2007, 207, 1st floor of 14.6.9 square meters per 6.9 square meters per 207, 1st floor of 14.4 square meters per 14.4 square meters per 207, 2007, 1st floor of 14.6.9 square meters per 207.

C. On June 17, 2013, the Defendant urged the Plaintiff to order the removal of 14.4 square meters of a warehouse that has not been removed as indicated in Table 2 below (hereinafter “previous warehouse”) of the illegal construction portion indicated in Table 1 attached hereto, by June 28, 2013.

The 2th attached Table 2, the same number of floors for structural use is divided, and the 1th floor of the 1st floor of the 42.36 square meters and the 1st floor of the 42.36 square meters and the 2007th removal of the 14.25 square meters and the 14.25 square meters and the 14.4 square meters of the 14.4 square meters and the 2007th removal of the 14.4 square meters of the 14.4 square meters of the 14.4 square meters of the 4th removal of the 1st 5th 4th and the 6.9 square meters of the 1st 6.9 square meters of the 1st

D. On September 2, 2013, the Plaintiff applied for the alteration of the indication of the instant building to change the use of the first floor of the instant building from “Class II neighborhood living facilities” to “Class II neighborhood living facilities (general restaurants).”

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