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(영문) 서울행정법원 2014.06.27 2012구단29885

이행강제금부과처분무효확인등

Text

1. The enforcement fine of KRW 30,010,880 on October 6, 2012 by Defendant Sejong-gu Seoul Special Metropolitan City Head of the Gu against the Plaintiff.

Reasons

1. Basic facts and circumstances of dispositions;

A. The Plaintiff is the owner of Jongno-gu Seoul Metropolitan Government Housing Site B (hereinafter referred to as “instant land 1”; 42.96 square meters (hereinafter referred to as “first house of this case”); and 34.05 square meters (hereinafter referred to as “second house of this case”; hereinafter referred to as “the instant land”); and hereinafter referred to as “second house of this case”) of a wooden flag and a branch-bed housing of 34.05 square meters (hereinafter referred to as “second house of this case”; and hereinafter referred to as “each house of this case” in combination with the instant first house of this case).

B. On December 6, 199, the Plaintiff reported to the head of Jongno-gu Seoul Metropolitan Government Ddong on the large scale repair of each of the instant housing from “a wooden and soil brick” to “protruding stone,” and then, (i) the instant land No. 1, which is not a building site, 26.44 square meters (the instant house No. 1, and the remainder of one side is surrounded by the instant house No. 2), and the instant land No. 22.15 square meters (the area surrounded by the instant house No. 2), which is not a building site, among the instant land No. 2 and the instant land No. 2, added a joint board under the supervision of the head of Jongno-gu Seoul Metropolitan Government, and (ii) the construction project connected the inside of the said two houses by replacing the columns and walls of the instant house No. 1 and the instant house No. 2 and connecting them with the interior of the said two houses (the instant construction project excluding the extension of the part), including each of the instant housing.

C. The head of the Dong, around June 200, ordered the Plaintiff to voluntarily correct the 26.44 square meters of the land No. 1 and the 22.15 square meters of the land No. 2 of this case on the ground that the Plaintiff had been engaged in an unauthorized extension after filing a large-scale repair report. The head of the Dong, on June 30, 2000, imposed a charge for compelling the performance on the aggregate of 48.59 square meters of the land No. 48.59 square meters (22.15 square meters of the land No. 26.44 square meters) (the intermediate point seems to have been changed to the Defendant), and the Plaintiff paid the charge for compelling the performance without objection.

The defendant shall conduct its own audit in 2007.