위반건축물이행강제금부과처분취소
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, as the owner of B’s land in a development-restricted zone, installed a container of 27 square meters on the above land and used it as an exclusive warehouse for agricultural machinery.
B. Accordingly, the Defendant on February 9, 2015 on the ground that the Plaintiff installed a container in violation of Article 12 of the Act on Special Measures for Designation and Management of Restricted Areas for Development.
3. On May 22, 2015, when the Plaintiff ordered the Plaintiff to reinstate within a certain period, the instant disposition was rendered to the Plaintiff on July 21, 2015, which imposed KRW 1,620,000 for enforcement fines calculated by applying the standard amount of new construction price of a building to the new price of the building, the structure, purpose of use, location index, etc., and by multiplying the said amount by the area.
[Grounds for recognition] Evidence A No. 1-1, 2, and 3-2, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion that the Plaintiff installed mobile containers and used them as an exclusive warehouse for agricultural machinery, but the instant disposition that imposed a non-performance penalty is unlawful.
B. Article 12(1) of the Act on Special Measures for Designation and Management of the Development Restriction Line provides that a building cannot be constructed and altered, a structure is installed, a change in the form and quality of land, a cutting of bamboo and trees, a partition of land, or an act of piling up goods within a development restriction zone, or an urban/Gun planning project under Article 2 subparag. 11 of the National Land Planning and Utilization Act is prohibited. As such, the Plaintiff’s installation of a container on land within a development restriction zone constitutes construction of a building under Article 12(1). In the event that the Plaintiff intends to construct a building within a development restriction zone as above, the foregoing container installed without obtaining permission from the mayor pursuant to the proviso to Article 12(1) shall be deemed to constitute construction of a building under Article 12(1).