기타(이행강제금부과처분취소청구)
The judgment below is reversed and the case is remanded to Seoul High Court.
The grounds of appeal are examined.
1. According to the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), a person who has obtained permission for a land transaction contract shall utilize the land for the permitted purpose (Article 124(1)); the head of a Si/Gun/Gu may order a person who fails to perform his/her duty to utilize the land as a result thereof to perform such duty by fixing a reasonable period (Article 124-2(1)); and the enforcement fine shall be imposed in cases where the person fails to perform such duty within the prescribed period of time;
(Article 124-2(2). The head of a Si/Gun/Gu may repeatedly impose and collect a non-performance penalty once a year from the date on which the first order is issued to fulfill the obligation to use the land within the compulsory period until the obligation to use the land is fulfilled (Article 124-2(3) and (4)), and where the person subject to the order complies with the order, the imposition of a new non-performance penalty shall be suspended immediately, but the non-performance penalty already imposed before the order is
(Article 124-2(5). On the other hand, the head of Si/Gun/Gu shall give prior written notice that the charge for compelling execution will be imposed and collected prior to imposing it.
(Article 124-2(8) of the Enforcement Decree of the National Land Planning and Utilization Act (Article 124-3(5) of the National Land Planning and Utilization Act). According to the language, purport, and system of these provisions regarding the performance of obligation to use land and the imposition of enforcement fines upon a person who obtained permission for a land transaction contract under the National Land Planning and Utilization Act, enforcement fines under the National Land Planning and Utilization Act are not sanctions against past violations, such as nonperformance of obligation to use land, but those who acquired land with permission for a land transaction contract, and impose enforcement fines if they fail to fulfill obligation within the implementation period.