기타이행강제금부과처분취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. The Plaintiff is the owner of B forest land B 79,835 square meters (hereinafter “instant forest”) in the Hanam-si, Hanam-si, which is a development restriction zone.
B. On August 9, 2017 and June 20, 2018, and March 15, 2019, among the instant forest land, the Defendant discovered the parts of the instant forest land that were newly built by Nonparty D, E, etc. to the residential building and site adjacent to the Hanam-si, and the following changes in the form and quality as stated therein, and issued a corrective order notice to the Plaintiff on September 8, 2017, and issued a corrective order on June 20, 2018, and notified the Plaintiff of the corrective order to remove or restore the said land to its original state on or before the designated date, and notified the Plaintiff of the corrective order on January 15, 2019.
(1) Residence 149,000.5 6,258,000 residence 176,000.57,920,000 90.57,920,003 141,903,000 149,000 5,000 warehouse 141,000 27.00 1,903,000 149,000 54.05,000 4,023,005,00 - Forest 65,000 - Housing 65,000 45,000 - Housing 28,879,000
C. On May 21, 2019, the Defendant imposed a non-performance penalty on the E residential and land form and quality alteration portion remaining after not restoring to the original state.
(4) Newly constructed 5410,530,000.5,265,005 of the form and quality change 45029,385,000.38,815,0000 14,080,000
D. On September 11, 2014, August 7, 2015, 2015, July 18, 2018, and December 5, 2018, the Defendant discovered a part of the forest land in this case where Nonparty G, etc. newly constructed a warehouse or stored solid water in the open space on four occasions, and did not impose a charge for compelling the performance on the remaining portion of the forest land in this case as stated in the calculation, as follows: < Amended by Presidential Decree No. 26748, Oct. 8, 2014; Presidential Decree No. 26502, Aug. 14, 2015; Presidential Decree No. 26543, Dec. 3, 2015; Presidential Decree No. 26075, Jan. 13, 2016; Presidential Decree No. 28070, Mar. 8, 2018; Presidential Decree No. 28070, Apr. 3, 20199>
hereinafter referred to as '2 disposition'
(2) The standard market value of the divided building is not the size.