기타이행강제금부과처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
The Plaintiff sold the instant land to C on May 16, 2008 after acquiring on May 16, 2008, and completed the registration of ownership transfer on December 18, 2017.
After acquiring the instant land, the Plaintiff leased the instant land to D free of charge on May 1, 2009, and D, around 2010, newly constructed or installed a steel pipe, pipe bean products growing company, 264m2, steel pipe, 93.5m2 in a steel pipe, and an access road 21.5m2 in a form and quality alteration.
On the ground that the Defendant violated Article 12(1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development (hereinafter “Special Measures Act”), which is a landowner and D, the Defendant issued a corrective order to restore the violation to the original state on July 9, 2010 and August 24, 2010, but notified the Plaintiff that the enforcement fine will not be restored to the original state on November 17, 2010.
Accordingly, on February 23, 2012, the Plaintiff filed a land delivery lawsuit against D with Busan District Court Branch 201Ga32640, and was sentenced by the above court on February 23, 2012 that “D shall remove the entire land of this case,” and the above judgment became final and conclusive as it is.
On July 1, 2011, the Defendant repeatedly issued a corrective order and a disposition imposing a non-performance penalty to the Plaintiff, the landowner, on October 10 and November 3, 2017, following the death of D around October 2015. However, the Defendant issued a corrective order to reinstate the violation to the original state on the total two occasions on October 10 and November 3, 2017.
However, as the Plaintiff failed to implement restoration, the Defendant imposed KRW 5,492,00 on the Plaintiff based on Articles 30-2(2) and 30-2(1) of the Act on Special Measures for Special Measures on December 8, 2017, subject to prior notice of imposition of enforcement fines based on Article 30-2(2) of the Act on Special Measures for Special Measures on December 28, 2017.
(hereinafter referred to as “instant disposition”) recognition.