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(영문) 의정부지방법원 2020.02.03 2019구단6350

기타이행강제금부과처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. The Plaintiff owned C 990 square meters, D 95 square meters, E 170 square meters, C 177.65 square meters, G 247.65 square meters, F247.65 square meters, D 248.98 square meters and G 248.98 square meters and G 248.98 square meters, located in a development-restricted zone.

(hereinafter referred to as “instant land or building” in total)

On October 17, 2018, the Defendant, including the instant land, conducted an illegal act in a development restriction zone with respect to H field 889 square meters, I road 450 square meters, J field 18 square meters, etc. owned by another person adjacent to the instant land, and was permitted to use the instant building for the purpose of cultivating seeds and seedlings. However, since October 2018, the Defendant discovered that the Plaintiff violated the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Act on Special Measures for Development Restriction Zones”), such as expanding buildings or changing the form and quality of land, and notified the Plaintiff of suspending construction and restoring to the original state on the same day.

C. Upon the Plaintiff’s compulsory performance of construction, the Defendant re-informed the site on November 2, 2018 and November 3, 201, and then filed a complaint with the competent investigation agency on November 11, 19, and issued each corrective order on November 14, 201.

On January 4, 2019, the Plaintiff was partly restored to its original state and the Defendant urged the Plaintiff to take corrective measures, and notified the imposition of KRW 203,240,420 and KRW 103,838,390 for non-performance penalty.

E. On February 11, 2019, the Defendant confirmed that it was additionally restored to the original state, and on February 11, 2019, imposed KRW 98,172,520 and KRW 103,838,390 on the Plaintiff, as indicated below (the pertinent land is specified as a parcel number).

Serial 1 C use of the charge for compelling the imposition of the officially assessed land price / Standard market price 124.65 square meters 247.65 square meters 406,000 won 0.30,163,770 won 2 " 406,000 won 123 square meters 123 square meters 0.314,981,400 won (offices) 3 " 594,000 won 594,000 won 0.322,212,630 won 0,000 won 50 square meters 406,000 won for 406,50,000 won for 0.10,150,000 won for 12.7 square meters 304,000 won (non-forest facilities) 1,930,400 won 6.6.