이행강제금 부과처분 취소청구
1. The instant lawsuit shall be 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 building B and one parcel of land (hereinafter “instant building”). The Defendant imposed a non-performance penalty stated in the purport of the claim on January 3, 2014 following the procedure of corrective order, etc. on the ground that the Plaintiff had extended the building without permission.
(hereinafter referred to as “instant disposition”). B.
On July 29, 2016, the Plaintiff filed a claim for revocation of the instant disposition with the Gyeonggi-do Administrative Appeals Commission, and the said commission dismissed the minimum claim on November 9, 2016, and dismissed the part of the claim for nullification.
[Ground of recognition] Facts without dispute, Gap evidence 4, Eul evidence 1 to 5 (including these numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The arrival as a requisite for taking effect of the administrative disposition prior to the merits is sufficient until the other party to the disposition actually knows the content of the written disposition, and it is sufficient for the other party to the disposition to be present at a situation where his/her resident registration address can be known, and upon receipt by the other party to the disposition or the person entrusted with the authority to receive postal items, it is deemed that the other party to the disposition becomes aware of its identity.
(See Supreme Court Decision 88Nu940 Decided January 31, 1989). In addition, “the date on which the other party becomes aware of the existence of a disposition, etc.,” which is the starting point of the filing period of a lawsuit as prescribed by Article 20(1) of the Administrative Litigation Act, refers to the date on which the other party becomes aware of the existence of the relevant disposition, etc. by means of notice, public notice, and other methods. Thus, when the other party becomes aware of the existence of an administrative disposition by notifying the other party of the administrative disposition, the filing period as prescribed by Article 20(1) of the Administrative Litigation Act shall be deemed to run (see, e.g., Supreme Court Decision 2014Du8254, Sept. 25, 2014).