이행강제금 부과처분 무효확인 및 부당이득금반환 등
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. The Plaintiffs entered into a sales contract between Eunpyeong-gu Seoul and E with respect to each real estate (hereinafter “each of the instant real estate”) indicated in the column for “subject matter of sale” in the attached table 1 of the attached Table 1 among the instant building’s second-class neighborhood living facilities and multi-household housing (hereinafter “instant building”) on the 6th floor above the land of Eunpyeong-gu, Seoul, and the instant building, and completed the registration of ownership transfer by paying the purchase price as shown in the same list.
B. On June 3, 2010, E obtained a building permit for the second floor as neighborhood living facilities, and the third through six floors as multi-household dwelling facilities, and obtained the approval for use on December 28, 2010. The second floor with each of the instant real estate was remodeled into a multi-household house, which is not a neighborhood living facility, and sold it to the Plaintiffs. The Plaintiffs occupied each of the instant real estate from March 201 to May 201, and resided therein.
C. On May 22, 2012, the Defendant sent a corrective order under Article 79 of the former Building Act (amended by Act No. 12701, May 28, 2014; hereinafter “the Building Act”) to the Plaintiffs, the owners of each of the instant real estate, for the reason that each of the instant real estate was used for housing purposes at will, and ordered and notified the Plaintiffs to correct the violation by June 29, 2012. On October 26, 2012, the Defendant notified the Plaintiffs that the enforcement fine will be imposed pursuant to Article 80 of the Building Act if the instant real estate was not voluntarily corrected by October 26, 2012.
On October 2012, the Plaintiffs requested the Defendant to provide that “A and E, the first owner of each of the instant real estate, are pending in the proceeding of the lawsuit, and thus, the deadline for correction was extended.” Accordingly, the Defendant extended the deadline for the advance notice of the imposition of charges for compelling compliance to the Plaintiffs on October 26, 2012 until December 15, 2012.