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(영문) 수원지방법원 2015.09.24 2014구합57752

건축이행강제금부과처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On July 5, 2007, the Plaintiff acquired a large of 1,000 square meters of land B in Ansan-gu, Ansan-si through an auction procedure, and filed a lawsuit against C, the owner of the third floor building on the ground (hereinafter “instant building”), but acquired the instant building through a voluntary adjustment on June 3, 2009.

B. At the time of the Plaintiff’s acquisition of the instant building, underground rooms were installed unlike the initial building permit, and there was a violation of the Building Act, the number of households of the second floor was changed from two to five households.

C. On May 12, 201, the Plaintiff submitted to the Defendant a report on the restoration to the original state of the non-compliant building with the purport that the number of households of the second floor among the instant buildings was restored from five to two households and corrected the violation.

On July 25, 2012, the Plaintiff filed a construction report on the extension of the 1st floor of the instant building to 56.25 square meters, and the Defendant accepted it on August 1, 2012, and the construction outline submitted by the Plaintiff was indicated as having been closed underground rooms and restored to the original state.

E. After November 15, 2013, the Defendant again notified the Plaintiff that the number of households on the second floor among the instant building was used from two to five households, and that it was used in the process of voluntarily maintaining the violating building on November 19, 2013 and January 2, 2014.

F. On March 5, 2014, the Defendant sent a notice of demand for voluntary maintenance of violated buildings and a notice of demand for the imposition of charges for compelling compliance on March 5, 2014, which was the Plaintiff’s failure to perform the said voluntary maintenance (hereinafter “instant disposition”), and imposed KRW 7,631,000 on June 26, 2014 (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1 had an underground room prior to the Plaintiff’s acquisition, different from the construction permit, and the two households of the second floor changed to five households.

참조조문