이행강제금부과처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of the first instance, except for the addition of the judgment under Paragraph (2) to the judgment of the court of the first instance, and therefore, it shall be cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure
2. Additional determination
A. The plaintiff did not express to the plaintiff about the method of calculating the charge for compelling compliance.
(Therefore, I asserts that there seems to be defects in the disposition of this case).
B. Determination 1) Article 80(3) of the Building Act provides that when imposing a non-performance penalty, the amount, reason for imposition, payment deadline, receiving agency, method of raising an objection, and institution raising an objection shall be specified in writing. 2) According to each of the statements in Gap evidence 1-1-3, the defendant issued a prior notice of the imposition of a non-performance penalty in writing stating the amount, reason for imposition, payment period, payment deadline, receiving agency, method of raising an objection, etc., and it is recognized that the defendant notified the imposition of the non-performance penalty in writing specifically stating the amount, reason for imposition, payment period, method of filing an objection, institution raising an objection, etc.
The plaintiff's assertion is without merit.
3. In conclusion, the judgment of the first instance is just, and the plaintiff's appeal is dismissed as it is without merit.