이행강제금부과처분취소
1. The claims of the plaintiff (appointed party) and the appointed party are dismissed.
2. The costs of lawsuit are assessed against the Plaintiff (Appointed Party).
Details of the disposition
On June 11, 2015, the Plaintiff (Appointed Party) and the appointed party (hereinafter collectively referred to as the “Plaintiff, etc.”) completed the registration of transfer of ownership with respect to the third floor of the third floor neighborhood living facilities (the area shall be 95.7 square meters; hereinafter referred to as the “instant building”) among the third floor neighborhood living facilities on the Yansan-gu and the third floor of the Yansan-gu, Seoul Special Metropolitan City.
(Reasons for Registration: On September 17, 2015, the Defendant notified the Plaintiff, etc., the owner of the instant building, of the implementation of corrective measures by October 26, 2015 on the ground that the portion of unauthorized extension of 12 square meters in the assembly panel building was located (hereinafter “the portion of the instant unauthorized extension”), and provided guidance that enforcement fines, etc. may be imposed pursuant to Article 80 of the Building Act if the Plaintiff, etc. fails to comply with the corrective measures. On October 27, 2015, the Defendant notified the Plaintiff, etc. of the implementation of the corrective measures by November 26, 2015.
On December 9, 2015, the Defendant notified the Plaintiff, etc. to impose KRW 246,00 for compelling the performance under Articles 79(1) and 80 of the Building Act (i.e., the standard market price for the portion of unauthorized extension of the instant case x 50%) on the charge for compelling the performance under Articles 79(1) and 80 of the Building Act (i.e., the standard market price for the portion of unauthorized extension of the instant case x 50%).
Plaintiff
On January 19, 2016, the Defendant imposed a non-performance penalty of KRW 246,000 on the Plaintiff, etc. by the deadline for payment set on March 18, 2016.
(hereinafter “Disposition of this case”). 【Disposition of this case’s ground for recognition’s Disposition Nos. 1 through 6, Nos. 1, 2, 4, 5, 7 through 9 (including each number), and the entire purport of the pleading are as shown in the attached Form of relevant Acts and subordinate statutes.
The assertion and judgment of the plaintiff et al. are not their extension, but their owner is not responsible for their extension, and the plaintiff et al. knew that there was no violation on the building management ledger, and they knew that there was no violation on May 3, 2015.