건축이행강제금부과처분취소
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 the owner of B Dae-si, Namyang-si, B 1,256 square meters and the first-class neighborhood living facilities (retail stores) of the general steel structure 336.48 square meters on the ground, the second-class neighborhood living facilities of the second-story, the second-class neighborhood living facilities (office) 336.48 square meters, the second-class neighborhood living facilities of the second-story, the water tank room of the rooftop 31.04 square meters (hereinafter “the instant building”).
B. On November 7, 2014, the Defendant discovered, through a field investigation, that around October 2014, the Plaintiff used the 300 square meters and 240 square meters of the instant building as an object storage and changed the use of the building as an object storage, and that the Defendant newly constructed a steel structure storage of 291 square meters in an open parking lot on the instant building site.
(hereinafter referred to as “instant violation”). C.
On November 13, 2014, the Plaintiff issued a corrective order to reinstate pursuant to Article 30 of the Act on Special Measures for Designation and Management of Development Restriction Zones to the Plaintiff, but on September 14, 2015, the Plaintiff failed to comply therewith, notified the Plaintiff of the advance notice of imposition of a non-performance penalty of KRW 50,000,000 for non-performance penalty. On February 11, 2016, the Plaintiff issued the instant disposition imposing a non-performance penalty of KRW 50,00,000 for non-performance penalty based on the following calculation details pursuant to Article 30-2 of the aforesaid Act.
The calculation details in the opinion: (The standard market value of the building per square meter) ¡¿ (the area in violation) 】 (the amount in violation) 】 (the amount in calculating the standard market value of the building per square meter) 】 (the total amount in charge) 259,000 square meter per square meter per square meter in the size of illegal use (the total amount in charge) 259,000 23,310,000 23,310,000 50,000 won (50 million won in excess of 50 million won) for the purpose of using 240 259,000,318,648,000 extended 259,000,57,684,500;
D. The Plaintiff filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission on May 9, 2016, but the said commission dismissed the claim on July 13, 2016.
E. Meanwhile, the Plaintiff’s act of violation of this case constitutes a development restriction zone.