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(영문) 서울행정법원 2017.11.07 2017구단55643

건축이행강제금부과처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

The Plaintiff owns a 4-story building (1, 2: each neighborhood living facility, 3, and 4: each house, each house, and hereinafter referred to as “instant building”) on the ground outside Songpa-gu Seoul Metropolitan Government and one parcel.

The Defendant imposed KRW 21,704,550 on December 16, 2016, on the ground that the Plaintiff, among the instant buildings, changed the use of the second-story neighborhood living facilities (171.48 square meters in office) and the third-story housing (171.48 square meters in office) and the fourth-story housing (158.3 square meters in 158 square meters in 2,3, and 4 square meters in 158 (hereinafter “the instant building part”), without permission, as the publicly notified source.

(hereinafter “Disposition of this case”). 【The ground for recognition” did not exist, Gap evidence 1, 3, Eul evidence 1, and the purport of the entire pleadings, and whether the disposition of this case is legitimate or not, the part on the key part of the building of this case, on which the plaintiff’s assertion as to whether the disposition of this case is legitimate, shall be divided by mentor stone, and the windows, toilets, cooking facilities, washing facilities, and air-conditioning facilities are individually installed for each household, and heating by installing separate boiler facilities for each household.

Therefore, the key part of the building of this case can be independent of each household, which is in accordance with attached Table 1-C of the Enforcement Decree of the Building Act.

The multi-family house referred to in paragraph shall be included.

Therefore, the instant disposition taken on a different premise is unlawful.

It is as stated in the relevant statutes.

Judgment

1) Article 3-5 [Attachment 1] 1-C of the Enforcement Decree of the Building Act.

The paragraph stipulates that the number of floors (excluding underground floors) used for multi-family houses as housing is not more than three floors, the total floor area (excluding the area of an attached parking lot) used as housing is not more than 660 square meters, and the total floor area used as housing is not more than 19 households (referring to the total number of households within the building site) and is able to reside below 19 households (referring to the household units within the building site, which do not fall under multi-family housing, and the number

The paragraph is a special law for the safety management of publicly used establishments.