이행강제금부과처분취소등
1. Of the instant lawsuits, the part demanding the correction of the indication in the aggregate building ledger shall be dismissed.
2. The plaintiff's remaining claims.
1. Details of the disposition;
A. The Plaintiff, a collective building, is the owner of the first floor No. 101 (119.08 square meters) and the first floor No. 1 (13.77 square meters; hereinafter “instant collective building”) of Yongsan-gu, Seoul and one parcel of land (hereinafter “instant collective building”).
B. On June 16, 2014, the Defendant first ordered the Plaintiff to take corrective measures by setting the period for correction as of July 15, 2014. On July 24, 2014, the period for correction was set as of August 13, 2014, and the corrective promotion was conducted by setting the period for correction as of August 13, 2014. On September 23, 2014, the Defendant notified the Plaintiff of corrective measures by setting the period for correction as of October 17, 2014, and at the same time imposed a non-performance penalty on the Plaintiff on October 29, 2014.
(hereinafter “Disposition imposing charges for compelling the performance of this case”). The amount of violation imposed on the owner of the non-violationed building is KRW 6,477,950,00 for the purpose of using the non-use for residential purpose by dividing the Plaintiff 1’s ground-based office (119.08 square meters) into 101 and 102.
C. Of the aggregate building ledgers (electric section, Section A) of the instant ground 01, the “section for common use” and the “ modified matters” column are indicated as follows:
The Section for Common Use: (a) the change date of the change, the change date of the change, and the change of the public parking area of 1-2 stories (34.97㎡) on February 23, 2007 pursuant to C ( February 7, 2007) on February 23, 2007; (b) there is no dispute over the change of the public parking area of 1-2 stories (34.97С) under the 36-2 stories (applicable for recognition); (c) the entry of 4 through 6, and 9 papers; and (d) the purport of the entire pleadings.
2. Whether the disposition imposing the instant enforcement fine is lawful
A. The Plaintiff asserted that the Plaintiff leased the instant 101 heading 101 and 102 (hereinafter “instant 101-1 and 101-2”) for the purpose of neighborhood living facilities. The instant 101-1 heading is being used for the purpose of self-help (on board) as well as for the aforementioned purpose, and the instant 101-2 heading was used for some residence, but was out of the Republic of Korea within the corrective period.