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(영문) 수원지방법원 2014.08.28 2013구합9534

강제이행금 부과처분취소

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1. On January 15, 2013, the Defendant imposed KRW 6,24,00 on the Plaintiff a charge for compelling compliance, which was imposed by the Plaintiff.

Reasons

1. Details of the disposition;

A. On November 11, 201, the Plaintiff acquired ownership by winning a successful bid in the auction procedure with respect to the Gyeonggi-gun B forest land located in a development-restricted zone and a water source protection zone. (2) On November 2012, the Plaintiff created a building site, such as cutting out standing trees planted on the ground among the said land, 59 square meters among the 283 square meters of land in the said land and C forest land owned by another person adjacent to the said land, 91 square meters in the said land, 58 square meters in D forest land, and 263 square meters in the land in E61 square meters in the forest land.

(3) After the Plaintiff’s entry into a pipe column on the instant land, E, and C, the part of the land created by the site is called “the instant land” and, in individual cases, the Plaintiff is entitled to a 106.5 square meters of the size of the building (hereinafter “instant building”) by installing a pipe pole on the instant land, E, and C, and installing vinyl and a luminous pole thereon.

(2) On the instant land, 1 m2,00 square meters of 3m2 on the instant land (hereinafter “instant m2”).

(3) The Yellow Land of this case (hereinafter “the Yellow Land of this case”) is located on the land B of this case.

B) Each of the instant buildings on the key land of this case, which is an illegal building on October 26, 2012 and November 22, 2012, the Defendant constructed each of the following construction orders. (B) The Defendant issued a corrective order for restoration to its original state pursuant to Articles 30(1)1 and 12 of the former Act on Special Measures for Designation and Management of Development Restriction Zones (amended by Act No. 11690, Mar. 23, 2013; hereinafter “Development Restriction Act”) on the ground that the Plaintiff, without obtaining a construction permit, constructed the instant building, yellow soil bank, breath, etc. on the instant land, which is an illegal building on the instant key land, which is a development restriction zone, and planted turd, etc. by damaging the forest. (3) The Plaintiff did not comply with the said corrective order, and filed an accusation against the Plaintiff with the branch office of the Suwon District Prosecutors’ Office.

2 The plaintiff, on May 24, 2013, without permission in the branch court of Suwon District Court, the above-mentioned plaintiff

(a)as described in paragraph 3, the construction activity;