강제이행금 부과처분 취소 및 변경청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is the owner of the Seocho-gu Seoul Seocho-gu Multi-family house with five floors of reinforced concrete structure sloping roof (hereinafter “instant building”).
B. On August 28, 2018, the Defendant issued an order to suspend construction pursuant to Article 79(1) of the Building Act, on the ground that the Plaintiff, in violation of Article 14 of the Building Act, extended the area of 28.62 square meters on the fourth floor, 23.85 square meters on the five stories, and 23.85 square meters on the five stories, respectively.
C. After that, on September 11, 2018, the Defendant issued the first corrective order to voluntarily remove the portion of the instant unauthorized extension to the Plaintiff by October 13, 2018, and notified the Plaintiff that the enforcement fine should be imposed pursuant to Article 80 of the Building Act if the Plaintiff fails to comply with the corrective order within the said period.
In other words, on October 15, 2018, the Defendant issued the second corrective order to voluntarily remove the aforementioned unauthorized extension portion to the Plaintiff by November 5, 2018, and notified the Plaintiff that the enforcement fine should be imposed pursuant to Article 80 of the Building Act if the Plaintiff fails to comply with the corrective order within the said period.
On November 8, 2018, the Defendant notified the Plaintiff to impose KRW 18,700,290 for non-performance penalty pursuant to Article 80 of the Building Act, and notified the Plaintiff to submit his opinion if there is an opinion thereon.
E. Ultimately, on December 3, 2018, the Defendant rendered a disposition imposing KRW 18,700,290 on the Plaintiff (hereinafter “instant disposition”) for enforcement fines as indicated below (hereinafter “instant disposition”).
A [founded Grounds for Recognition] without dispute, Gap evidence 1 to 5 (including branch numbers in case of additional number), Eul evidence 1 to 8, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion is 23.85 square meters of the fifth story of the instant building.