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(영문) 서울고등법원 2020.09.11 2020누32106

이행강제금 부과처분 취소청구

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. The Plaintiff is the owner of the instant land (hereinafter collectively referred to as “instant land”) of the Guri-si, B B,916 square meters and C, 2,151 square meters (hereinafter collectively referred to as “instant land”), located in a development restriction zone, and D is the Guri-si, Siri-si, on December 5, 2011, K’s lot number address is “Guri-si L”.

In the trade name of "E", a person who has completed business registration with the content of engaging in wholesale and retail business such as landscaping trees.

B. On August 11, 2012, the Plaintiff leased the instant land to D with a rent of KRW 5.5 million per annum.

C. On December 7, 2015, a public official belonging to Guri-si investigated an illegal act in a development-restricted zone with respect to the instant land, and discovered that there was an illegal act in the form and quality alteration (1,440 square meters) of a 3 container office, such as a three container office in 2007 and a 1,440 square meters away from the said land.

Accordingly, on December 8, 2015, the Defendant issued a summary order of the above amount of KRW 3 million to the Plaintiff and F (her husband of the Plaintiff D) on the violation of the Act on Special Measures for Designation and Management of Development Restriction Zones, and issued a summary order of KRW 10 million to the Plaintiff on June 30, 2016 on September 21, 2016, and the said summary order became final and conclusive around that time.

On December 20, 2016, a public official belonging to Guri-si investigated an illegal act in a development-restricted zone with respect to the instant land on December 20, 2016, and discovered that there was a new illegal act in the total of eight steel farms around August 2016.

Accordingly, on December 23, 2016, the defendant ordered the plaintiff and F to correct the illegal act of development restriction zones and ordered the plaintiff and F to restore the original state to the original state.

E. On December 5, 2017, public officials belonging to Guri-si around January 2015 with respect to the instant land.