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(영문) 서울행정법원 2017.11.21 2017구단22780

주차장법위반이행강제금부과처분취소

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1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

Details of the disposition

The Plaintiff and the Selection (hereinafter collectively referred to as the “Plaintiff, etc.”) are co-owners of the building in Gwanak-gu in Seoul Special Metropolitan City (hereinafter referred to as the “instant building”), while the Plaintiff, etc. newly constructed the instant building and set up 7 pages of the attached parking lot (hereinafter referred to as the “instant parking lot”).

The Defendant confirmed that the Plaintiff et al. had changed the three pages of the instant parking lot to a residential purpose, and imposed KRW 11,608,320 to the Plaintiff on May 23, 2017, the enforcement fine was imposed on the two pages of the instant parking lot, which was not restored to the original state among the said three pages (hereinafter “instant parking lot”), and imposed KRW 2,902,080 to the Selection.

(2) The Plaintiff et al. asserted that the disposition imposing enforcement fines against the Plaintiff et al. against the Plaintiff et al. against the Plaintiff et al. was legitimate, since the disposition imposing enforcement fines against the Plaintiff et al. against the Plaintiff et al. was based on the ground of recognition, without any dispute, as indicated in the evidence No. 1 and No. 2 of the evidence No. 2 (including the serial number), and the purport of the entire pleadings as to whether the disposition of the instant case is legitimate or not, the enforcement fines against

Furthermore, if one resident priority parking lot in Gwanak-gu in Seoul Special Metropolitan City is used, the cost is KRW 480,000 per year (per month) but the enforcement fine per parking lot under the disposition of this case is KRW 7,255,200.

Therefore, the instant disposition is unlawful as it misleads the facts or abused discretionary power.

It is as stated in the relevant statutes.

Judgment

1. Whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms is compared to the degree of infringement of public interest and the disadvantage suffered by an individual by objectively examining the content of the violation, which is the reason for the disposition, and the public interest to be achieved by the relevant disposition, and all relevant circumstances.