건축이행강제금부과처분취소
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 a corporation that prepares and arranges for coming-of-age, marriage, funeral and ancestor worship.
B. On April 10, 2017, the Plaintiff purchased the building listed in the separate sheet No. 1 (hereinafter “instant building”) from Nonparty B’s clan (hereinafter “foreign clan”) and completed the registration of ownership transfer on the instant building.
C. On April 10, 2017, the Plaintiff leased the instant building to Nonparty C Co., Ltd. (hereinafter “C”), a former lessee of the instant building, as KRW 40,000,000 (excluding value-added tax) monthly rent without a lease deposit.
(hereinafter “the lease of this case”). D.
On January 3, 2018, the Defendant issued a corrective order to correct the instant violation (hereinafter “instant corrective order”) to the Plaintiff and C by February 9, 2018 on the grounds that the instant violation (hereinafter “instant violation”) occurred as follows.
Illegal alteration of the purpose of use of 4,263.57§³ for each floor, such as the owner of a building site location, and 31,2,3 neighborhood living facilities, and 31,2,33 neighborhood living facilities, 3,975 square meters and 2017 square meters of 2017 (Article 19 of the Building Act) (owner) A Co., Ltd. (user) E 1 wedding-type general steel 4.4 square meters and 2017 illegal expansion (Article 11 of the Building Act) 1 wedding-type prefabricated-type panel 2017.16 square meters and 2017.2 square meters of 2017 wedding-type containers of 67.2 square meters of 2017 one wedding-type container 2017.2017 square meters of 187.27148 square meters of a container of 2017.271,717.2717.271,2017 square meters of a container of 2017.
E. On March 28, 2018, the Defendant notified the Plaintiff of the demand for correction of the non-compliant building that the Plaintiff should complete correction by April 30, 2018. On November 21, 2018, in a case where the Plaintiff did not voluntarily rectify by December 23, 2018, the non-compliant building is planned to impose KRW 362,202,00,000 for non-performance penalty pursuant to Article 80 of the Building Act.