기타이행강제금부과처분취소
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 an owner of B B, 1,428 square meters (hereinafter “instant land”) in light of the geographical name located within the special management area.
B. In the course of investigating an illegal act in a special management area on December 6, 2019, the Plaintiff discovered a new construction of 128 square meters per 1, 128 square meters of a steel pipe building (hereinafter “instant vinyl”) without obtaining permission from the instant land.
Accordingly, the defendant issued a corrective order to the plaintiff on March 18, 2020 to restore the original state to the original state on or around March 18, 2020, and issued a prior notice of the correction of the violation and the imposition of the charge for compelling compliance on or around May 6,
C. Nevertheless, on July 7, 2020, when the Plaintiff failed to comply with the above corrective order, the Defendant issued a disposition imposing KRW 9,536,000 for enforcement fine (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, Eul evidence Nos. 1 through 5, 17, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The summary of the Plaintiff’s assertion 1) The Plaintiff was able to set up dry field farming houses from around 2001 in the instant land, and during that process, the Plaintiff was able to set up and utilize dry field farming houses essential for the storage, building, etc. of harvested crops and farming machinery, which were destroyed by fire around April 2019. As such, the instant vinyl is essential for the Plaintiff to set up dry field farming houses. Furthermore, the instant vinyl houses need not be indispensable for the Plaintiff to set up dry field farming houses. Furthermore, the instant vinyl houses constitute the matters of Article 8(3) [Attachment Table 3] of the Enforcement Decree of the Special Act on Public Housing, and the instant disposition is unlawful (= Chapter 1) and thus, it is unlawful for the Plaintiff to pay charges for compelling the enforcement of the instant disposition.