이행강제금 부과처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On March 13, 2015, the Defendant discovered, as a result of a field investigation on the instant land on March 13, 2015, that the Plaintiff committed a violation, such as construction of an illegal building, installation of a structure, and alteration of the form and quality of land, on the instant land, the instant land was operated as follows.
In November 2014, 2014, the office containers prior to the date of the act of violating the structure and use for the original purpose of illegality, 24.00, 24.00, 32.00, 32.00, 32.00, 2014.11. The steel plates measuring the weight of steel bars located prior to the installation of a structure, which are installed at the same height on the ground that they are built with concrete in order to remove and open the steel bars. The steel plates are installed on November 20, 2014, 1,50, 200, 1,50, 00, 00.
On March 18, 2015, the Defendant issued a corrective order to the Plaintiff to reinstate pursuant to Article 30 of the Act on Special Measures for Designation and Management of Development Restriction Zones, but on April 6, 2016, the Plaintiff did not comply with the corrective order and issued a prior notice to impose a non-performance penalty of KRW 50,000,000 for non-performance penalty. On July 19, 2016, the Defendant issued the instant disposition imposing a non-performance penalty of KRW 50,000,000 for non-performance penalty to the Plaintiff pursuant to Article 30-2 of the aforesaid Act.
C. The Plaintiff appealed and filed an administrative appeal on November 2, 2016, but the Gyeonggi-do Administrative Appeals Commission dismissed on January 4, 2017.
[Reasons for Recognition] The facts without dispute, Gap's 1 to 3, 6, and 7's statements, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. (1) In accordance with the Defendant’s corrective order, the Plaintiff’s assertion of mistake: (a) restored to its original state the construction of concrete typology and the part of the construction of a valley, among the offenses; (b) however, on May 3, 2016, it is inevitable to implement a contract for the supply of scrap metal with the Ministry of National Defense.