건축이행강제금부과처분무효확인
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 is the owner of the 1st underground and the 3nd ground-based building in Seongbuk-gu, Sungnam-si (hereinafter “instant building”).
B. The Plaintiff, on the fourth floor of the building of this case, extended the lightweight 93.39 square meters to the fourth floor of the building of this case without permission, and the Defendant issued a corrective order to the Plaintiff on this ground, and issued a disposition of this case in 2008 on the part extended on October 8, 2008 following the prior notice procedure of imposition, where the standard market price per 1 square meter of individual housing price is calculated by multiplying the standard market price per 352,080 won by 0.8,000 won in the cost of financing resources for the building, and calculated by multiplying the standard market price per 281,664 won by 13,152,00 won in the extended area and rate of imposition (=281,64 won x 93.39 square meters x 0.5,00 won).
C. On the other hand, on April 28, 2010, the Plaintiff voluntarily divided one household into three households, each of the two and three stories of the instant building, and the Defendant issued a corrective order to the Plaintiff, and continuously imposed enforcement fines on August 3, 2010 on the Plaintiff on a regular basis since the imposition of enforcement fines. On December 31, 2014, the Plaintiff calculated the standard market value per square meter for the extension of the fourth floor of the instant building without permission at KRW 228,646,480 (i.e., KRW 228,00 x KRW 39 x 0.5 x 104 x 5 x 104 x 104 x 40 x 5 05 x 105 x 40 x 5 04 x 104 x 105 x 1405 x 104 x 505 x 1405 x 5 x 7 1405 x 5 x 1404 x x 7 .5 x .3
On April 9, 2015, the Plaintiff’s disposition of the instant year 2014, to the effect that the calculation of enforcement fines is unfair.