위반건축물이행강제금부과처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. As a result of the investigation on the site on December 11, 2015 in accordance with the report on the occurrence of a violation building, the Defendant discovered the fact that the Plaintiff, without permission, was using a building (500 square meters and 400 square meters of cement block factory, and hereinafter “violation building”) on the land located in Seo-gu Incheon, Seo-gu without permission.
B. The Defendant issued each corrective order on December 15, 2015 and January 20, 2016 to the Plaintiff, but failed to comply with the order. As such, on July 25, 2016, imposed a disposition of imposition of KRW 13,685,00 on the Plaintiff for non-performance penalty (hereinafter “instant disposition”).
C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Incheon Metropolitan City Administrative Appeals Commission, but was dismissed on November 21, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 7, 9 evidence, Eul evidence 1 to 8, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion was wholly amended by Act No. 4381 on May 31, 1991, and enforced on June 1, 1992 (hereinafter “former Building Act,” “former Building Act”). According to the Ministry of Land, Transport and Maritime Affairs’s guidelines for imposing charges for compelling compliance (Evidence A) with respect to a building in violation of the former Building Act before June 1, 1992, which was the enforcement date of the amended Building Act, if the Plaintiff was aware of a violation before March 21, 2008, the date of the amendment of the current Building Act, the administrative fine shall be imposed, and the charges for compelling compliance shall be imposed if the Defendant becomes aware of such violation after the date of the amendment. Since the Defendant became aware that the violation of the instant building was before March 21, 2008, the disposition of this case is unlawful.
(b) Entry in the attached Form of relevant Acts and subordinate statutes;
C. According to the amended Building Act, which was wholly amended by Act No. 4381, May 31, 1991, which was enforced from June 1, 1992, the determination is ordered under the Building Act or the Building Act.