이행강제금부과처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Details of the disposition;
A. In around 2015, the Plaintiff, as the owner of the building indicated in the attached Table 1 list (hereinafter “instant building”) with four floors above the ground located in Daegu Suwon-gu B, extended the area of 26.18 square meters of the fourth floor among the instant building, and 7.82 square meters of five stories (hereinafter “non-building extension portion”) to the prefabricated-gu panel.
B. On March 6, 2016, the Plaintiff leased part of the fourth floor (one square) of the instant building to C, with the lease deposit of KRW 2 million, KRW 150,000 per month, and the lease term from March 7, 2016 to March 6, 2019.
The Plaintiff occupied and used the remainder of the fourth floor and the fifth floor among the instant buildings.
C. Upon having filed a civil petition against the Plaintiff’s unauthorized extension, the Defendant conducted an on-site investigation, and imposed KRW 3,447,000 with regard to the portion of the unauthorized extension, which reduced the Plaintiff’s enforcement fine by half the statutory enforcement fine, on June 20, 2017. ② Nevertheless, the Plaintiff did not correct the violation, and again imposed KRW 3,420,00 with regard to the Plaintiff’s non-performance penalty by half the statutory enforcement fine by July 21, 2017.
Nevertheless, the Plaintiff did not correct the violation, and the Defendant again imposed KRW 5,58,000 on the Plaintiff on December 28, 2017.
(hereinafter “instant disposition”) e.
On April 30, 2018, the Plaintiff dissatisfied with the instant disposition and filed an appeal with the Daegu Metropolitan City Administrative Appeals Commission, but the appeal was dismissed.
F. Meanwhile, while the Plaintiff received the instant disposition from the Defendant, it did not correct the violation as to the portion of unauthorized extension.
Accordingly, on June 11, 2018, the Defendant imposed KRW 5,201,00 on the part of unauthorized Extension to the Plaintiff.
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 9 (if there is a tentative number, including a tentative number; hereinafter the same shall apply), Eul's 1 through 7, 9, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s instant disposition is as follows.