건축이행강제금부과처분취소
1. On August 25, 2016, the Defendant imposed a charge for compelling the performance of KRW 24,060,000 on the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is an owner of the three-story residential facilities and multi-household detached houses (98.39 square meters for three-story, 12 square meters for rooftop floors, and 12 square meters for water tanks; hereinafter “instant building”).
B. On April 19, 2016, the Defendant: (a) discovered that the Plaintiff used the instant building as a detached house by extending the light-scale steel framed structure to the second floor without permission; (b) expanding the 86.39 square meters of reinforced concrete and the light-scale steel framed structure 13.25 square meters on the rooftop; (c) issued a corrective order on May 12, 2016 that the Plaintiff shall restore the building to its original state by June 11, 2016; and (d) issued a corrective order on June 10, 2016 that the enforcement fine may be imposed if the Plaintiff fails to comply with it; and (d) ordered the Plaintiff to recover the building to its original state by July 13, 2016; and (e) ordered the Defendant to impose the enforcement fine on the 24,1350,000 square meters of reinforced concrete on the instant building without permission; and (e) ordered the Defendant to impose the enforcement fine on the 2016 square meters of the instant building.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Gap evidence Nos. 3, Eul evidence No. 2-1, Eul evidence Nos. 6 and 7, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. (1) The Plaintiff’s assertion (1) The person who illegally expands the instant building in violation of the principle of trust protection appears to be the former owner. The Plaintiff confirmed that the instant building was registered as a non-compliant building on June 7, 2013, and purchased it on February 27, 2014.