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. The Plaintiff is the owner and contractor of the D building located in Gangnam-gu Seoul and C (hereinafter “instant building”) on February 28, 2006 and commenced February 28, 2007 with a construction permit granted from the Defendant on February 28, 2006, and obtained approval for use on March 6, 2009, and is the owner of the instant building, the registration of ownership preservation was completed on March 31, 2009.
B. The Plaintiff extended the instant building without legitimate permission or report as indicated below.
A 1st floor on the ground of violations subject to an order of prohibition of 1st: 62.4 square meters (three parking spaces, landscaping damage - Heavy 12.0 square meters - Heavy 2-5 stories above 36.0 square meters: 30.20 square meters - Opening of an open space floor without permission: 30.20 square meters x increase by height by 1-5 stories above 4=120.8 square meters x increase by 1st and fifth floors above - 1st: 4.5 meters above - 5.3 meters above ground - 2nd 3.0 m above ground - 3.7 meters above - 3.0 - 3.7 meters above ground - 4th - 4th 4th : 4.2m above ground - 3.0 m above : 3.0.7 - 3.7 m above - 15 square meters below - 215 square meters below - 215 square meters below 114.8 square meters below
C. On March 10, 2010, the Defendant issued a corrective order to the Plaintiff to correct the above-mentioned 1, 2, and 3 up to April 10, 2010, and on March 18, 2010, the Plaintiff issued a corrective order to correct each of the above-mentioned 4 and 5 up to April 15, 2010. On June 15, 2010, the Defendant urged the Plaintiff to correct the above-mentioned violation until July 13, 2010, and notified the Plaintiff to impose KRW 185,005,080 for enforcement fines if the Plaintiff fails to comply with the order. On July 30, 2010, the Defendant notified the Plaintiff to submit its opinion on imposing KRW 185,05,080 for enforcement fines.
As a result of investigating the site of the instant building on August 11, 2010, the Defendant confirmed that the violation listed in the said table was not corrected, and on this ground, on August 13, 2010, imposed KRW 185,005,080 on the Plaintiff for compelling the performance.
[Reasons for Recognition] Facts without dispute, Eul evidence Nos. 1 to 6, and Eul evidence No. 50.