건축이행강제금부과처분취소
1. The Defendant’s disposition of imposing enforcement fines of KRW 2,058,270 against the Plaintiffs on December 8, 2015 is revoked.
2. The costs of lawsuit shall be.
1. The multi-household house with a total floor area of 607.16 square meters on the 3rd underground floor in Seocho-gu Seoul Metropolitan Government (hereinafter “instant building”) was approved on June 21, 1996.
The Plaintiffs are co-owners of the instant building.
The instant building was a building that was built as three households in multi-family houses and two houses in multi-family houses in multi-family houses in multi-family houses in multi-family houses in the first and second floors above ground, and all of the floors were changed to five households, and the number of households was increased from 11 to 20 households (excluding rooftops).
On April 2010, the defendant was found to have caused the increase of the number of households from 11 to 20 households due to the change of the party wall in the household section by the civil petition report.
The Defendant imposed enforcement fines on the Plaintiffs of the instant building owner five times from October 2010 to December 2014, respectively.
In other words, on August 18, 2015, the Defendant issued a corrective order to the Plaintiffs on matters violating the Building Act. On October 2, 2015, the Defendant ordered correction, but did not comply with the Plaintiffs. On November 3, 2015, on December 7, 2015, the Defendant imposed and notified a non-performance penalty of KRW 113,000 on the standard market price of buildings per square meter x 607.16 square meter x 0.03 square meter x 0.03) (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 4-1 through 4, Eul evidence No. 1 through 5, 8, 12 through 14, 17, 22 and 24, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. (1) After the construction of the instant building, the gist of the Plaintiff’s assertion (1) made the interior walls or installed partitions to increase the number of internal furnitures.
The act of increasing the number of households by extending the number of households without dismantling the party walls which are the main structural parts of the building requires permission under the Building Act which has been enforced at the time.