기타이행강제금부과처분취소
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 operating a business with a trade name “D” on the ground of two parcels, other than C, and three parcels (hereinafter “instant land”).
B. On December 3, 2012, the Defendant, following an on-site investigation, extended or newly constructed a building (a total of 902 square meters, such as a business place, kitchen, irrigation pond, toilet, etc.) on the instant land without permission or reporting, and violated Article 12 of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Act on Special Measures for Development Restriction Zones”) and Article 11 of the Building Act by changing the form and quality of 6,50 square meters among the instant land without permission, on the ground that the Defendant violated Article 30 of the Act on Special Measures for Designation and Management of Development Restriction Zones and Article 79 of the Building Act.
C. While the Plaintiff did not properly implement the above corrective order, the Defendant issued a corrective order to reinstate the portion of 724 square meters for illegal construction, 241 square meters for illegal expansion, and 2,000 square meters for changing the form and quality, and issued a second order to correct the same again, and issued a prior notice of imposition of enforcement fines and an opportunity to present opinions on June 19, 2013.
The plaintiff submitted a written application for coal, and the defendant extended the period of restoration to the original state until August 30, 2013.
E. On September 27, 2013, the Plaintiff partially restored the illegal building to its original state, and the Defendant rendered a disposition against the Plaintiff on September 27, 2013, imposing KRW 50,000,00 for non-performance penalty pursuant to Articles 30 and 30-2 of the Development Restriction Zone Act on the grounds of the unauthorized Extension or New Construction of the remaining parts, and the alteration of the form and quality as indicated below, excluding the partial restitution portion (hereinafter “instant disposition”).
The amount calculated pursuant to subparagraph 1 of attached Table 5 of the Enforcement Decree shall exceed the upper limit of KRW 50,000,000 in total in excess of KRW 166,319,500,000, which shall be the upper limit of KRW 50,000,00 in accordance with subparagraph 3. The purpose of the structure of illegal content is to use it.