이행강제금취소 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. In around 2008, the Plaintiff constructed a panel building and a warehouse of 65 square meters (hereinafter “instant building”) on the ground of 321 square meters in Guri-si B, Guri-si, which is located within a development-restricted zone without permission.
B. On December 26, 2014, the Defendant ordered the Plaintiff to repair the instant building and restore it to its original state within 15 days from the date of service. On January 26, 2015, the Defendant issued a corrective order to repair the instant building and restore it to its original state within 10 days from the date of service.
C. On May 6, 2015, the Defendant imposed KRW 6,603,500 on the Plaintiff under Article 30-2(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones on the ground that the Plaintiff failed to comply with the said corrective order.
(hereinafter “instant disposition”) D.
The Defendant dissatisfied with the instant disposition and filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission, but was dismissed on August 12, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 6, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion that the plaintiff did not have any place to move together with his family and is living together with his family as a temporary residence, and thus, it is difficult to cancel the disposition of this case by taking this into account.
(b) Article 30 (Administrative Disposition against Violators of Statutes, etc.) (1) of the Act on Special Measures for Designation and Management of Development Restriction Zones may revoke permission where the head of a Si/Gun/Gu discovers any of the following acts, and shall order the relevant violator (including the owner, manager, or occupant of a building, structure, or land used for the violation; hereinafter referred to as "violation, etc.") to suspend construction, to remove, close, rebuild, or relocate the relevant building, structure, etc., or to take other necessary measures within a fixed period of time: