건축법위반건축물이행강제금부과처분무효
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. From May 1, 2002, the Plaintiff has operated the instant building on the land B in Jung-gu Incheon, Jung-gu as “C” from around May 1, 2002.
B. On August 30, 2007 and October 12, 2007, the Defendant directed and urged the Plaintiff to remove the instant building since it is an unauthorized building. Since the Plaintiff did not remove the instant building, the Defendant notified the Plaintiff that the enforcement fine should be imposed on December 3, 2007, and imposed the enforcement fine of KRW 10,995,000 on February 1, 2008.
C. The Plaintiff did not remove the instant building upon the imposition of the enforcement fine, and thereafter, the Defendant imposed the enforcement fine of KRW 10,378,000 on April 3, 2009, after giving a voluntary order for removal, giving a advance notice for the imposition of the enforcement fine, and then re-exempt the enforcement fine of KRW 10,434,00 on March 17, 2010, subject to the direction for voluntary removal, promotion, and advance notice for the imposition of the enforcement fine.
(hereinafter referred to as "each disposition of this case" in addition to the imposition of charges for compelling compliance more than three times. [Grounds for recognition] The fact that there is no dispute, Eul evidence 1-1 and 2, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is merely a lessee of the building of this case and the defendant did not have the right to remove the building of this case, but the defendant ordered the plaintiff to remove the building of this case and did not comply with the order. Each disposition of this case is unlawful.
(b) Entry in the attached Form of relevant statutes;
C. Articles 79(1) and 80(1) of the Building Act provide that the permitting authority shall impose a specific non-performance penalty on the owner, contractor, on the site manager, manager, manager, or occupant who fails to comply with the corrective order within the corrective period after receiving the corrective order of the non-compliant building. The foregoing legal provision aims at improving the safety, function, and aesthetic view of the building, thereby promoting public welfare. Although the manager or occupant is in an unlawful state of the building.