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(영문) 서울고등법원 2019.05.16 2018누68447

이행강제금부과처분취소

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

The reasoning of the judgment of the court of first instance for the acceptance of the judgment is as follows: “The plaintiff shall be deemed to have no objection, setting the deadline for submitting opinions until January 22, 2018,” and 4-8 pages.

Inasmuch as the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

[Attachment]

B. Determination 1) Article 79(1) of the Building Act provides that “If a site or building violates this Act or any order issued or disposition taken under this Act, the permission-granting authority may revoke permission or approval granted under this Act, or order the owner, contractor, field manager, manager, manager, or occupant (hereinafter referred to as “owner, etc.”) to suspend construction, or to remove, rebuild, extend, repair, change, prohibit, or restrict the use of the building for a reasonable period of time, or take other necessary measures.” The main text of Article 80(1) of the Building Act provides that “The permission-granting authority shall, after receiving a corrective order under Article 79(1), impose a non-performance penalty on the owner, etc. who fails to comply with the corrective order within the period of time necessary for the implementation of the corrective order within the specified period of time.” Accordingly, in order to issue a corrective order under the Building Act, a reasonable period of time and period necessary for the performance of the corrective order necessary for the corrective order should be granted, based on the premise that the Plaintiff is given a corrective order under subparagraphs 4 through 7 through 1, 15 and 183.