이행강제금부과처분취소
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 a person who operates a riding club called “I” by leasing a house and a stable on the ground, which belongs to a development-restricted zone, for the Guangdo, B, D, E, F, G, H land (a total area of approximately 14,876 square meters; hereinafter each of the above land is specified as “B land”) and a housing and a stable on the ground.
B. The Defendant: (a) without obtaining permission from the Plaintiff, installed an outdoor riding track on the B and C land 96 square meters; (b) changed the form and quality of land by installing an outdoor riding track on the D land; and (c) changed the use of each building into an indoor riding track; and (d) on the ground that 400 square meters among the buildings above were changed into an indoor riding track, the Defendant issued a corrective order and a corrective order on October 7 and October 28, 2013 to the Plaintiff on the two occasions.
C. The Plaintiff did not comply with the above corrective order, and the Defendant issued a notice of scheduled imposition of enforcement fines on November 13, 2013 to the Plaintiff on March 7, 2014 (hereinafter “instant disposition”). The Plaintiff imposed KRW 50 million for enforcement fines (hereinafter “instant disposition”).
【Ground of recognition】 The fact that there has been no dispute, Gap evidence 2, Eul evidence 1 to 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) The Plaintiff’s establishment of the Plaintiff’s land B and C is livestock burial, which is the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Development Restriction Zones Act”).
(2) Of the buildings on the ground of D land, the size of 400 square meters, among those on the ground, are agricultural greenhouses prescribed in Article 12 [Attachment Table 4] subparag. 1(g) of the Enforcement Rule of the Development Restriction Zone Act and Article 12 [Attachment Table 4] subparag. 1(r) of the Enforcement Rule of the Development Restriction Zone Act, which can be installed without permission or report as well as legitimate facilities that are installed without permission or report, as in the case of livestock farms on the ground of the following: