이행강제금부과처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Based on the Act on Special Measures for Designation and Management of Development Restriction Zones (No. 10 evidence No. 10), the Defendant imposed a non-performance penalty on the Plaintiff on June 22, 2018, based on the corrective order (No. 15,058,000 won, the scheduled date of imposition, July 23, 2018; the period of restitution; the document No. 15,058,00 won, and the document No. 11) related to the illegal act (such as stone shed installation, fence installation, etc.) related to the Plaintiff’s land located within development restriction zones (B and six parcels outside South-si); and the Defendant did not impose a non-performance penalty until the date of imposition (No. 15,058,00 won, the scheduled date of imposition; the document No. 30, Jul. 30, 2018; the document No. 12885, Jun. 27, 2018).
Since a revocation lawsuit under Article 4 subparagraph 1 of the Administrative Litigation Act is subject to an illegal "disposition, etc." of an administrative agency, a revocation lawsuit seeking the revocation of a non-existent disposition is illegal (see, e.g., Supreme Court Decision 2012Du4876, Jun. 28, 2012). Thus, the lawsuit of this case seeking the revocation of a disposition imposing KRW 15,058,000 on charges for compelling the performance of July 23, 2018, where no plaintiff exists, shall be dismissed.