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(영문) 부산지방법원 2017.04.07 2016구합4202

이행강제금부과처분취소

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. The Plaintiff is the owner of a 4-story building with B 72.7 square meters above Busan Jung-gu (hereinafter “instant building”).

B. Through a field investigation on December 29, 2015, the Defendant confirmed that the instant building was invaded (hereinafter “the instant part of the land”) of approximately 3.8 square meters of the land in Jung-gu, Busan (hereinafter “instant land”). On January 19, 2016, the Defendant issued a corrective order (the first car) to correct the violating building (the Plaintiff’s order to reinstate the same content as restitution, etc. by not later than February 15, 2016, by deeming the violation to be “a building erosion” and “ around 3.8 square meters of the area in violation,” and issued a corrective order (the second car) to the Plaintiff, on March 2, 2016, to correct the violation building (the second car) with the same content as restitution, etc. < Amended by Act No. 14218, Apr. 4, 2016>

C. On October 28, 2016, the Defendant issued a disposition to impose a non-performance penalty of KRW 269,000 on the Plaintiff, which is classified as “a building boat intrusion” and “3.8 square meters” with respect to the non-violationed area, as the Plaintiff did not make correction, such as reinstatement, notwithstanding each of the above corrective orders.

hereinafter referred to as "disposition of this case"

(ii) [The facts without dispute over the basis of recognition, entry in Gap's 1, 3, 4, Eul's 1 to 5, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is not an illegal building that was constructed by the former owner with a building permit lawfully obtained prior to 20 years ago, but the Plaintiff could not have known whether the instant building had infringed on the construction line. Therefore, the instant disposition was unlawful.

(b) as shown in the attached Form of the relevant statutes.

C. 1) The Plaintiff purchased the instant building on December 26, 1995 and completed the registration of ownership transfer for the instant building on the grounds of sale on January 29, 1996. The part of the instant bedroom is 3.8 square meters in part, 2.6 square meters in part, 2.6 square meters in part, 3 square meters in part, 2.6 square meters in part, 2.6 square meters in part, 2.6 square meters in part, 2.6 square meters in part. 2) The owner D of the instant land seek removal, etc. against the Plaintiff (Jansan District Court 2006Kadan186844).