건축이행강제금부과처분취소
1. The Defendant limited to KRW 3,764,00,00 for enforcement fine imposed against Plaintiff A on March 22, 2019, KRW 1,990,00, and KRW 3,764,00 for enforcement fine imposed against Plaintiff A.
1. Details of the disposition;
A. The F Ground Building in Jung-gu Seoul Special Metropolitan City (hereinafter “F building”), the real estate located in the said Gdong is specified only by the above lot number, H building in around 1956, and the I building in around 1959, respectively, was constructed independently, and the register was created upon obtaining approval for the use thereof.
J Buildings (hereinafter collectively referred to as “each of the buildings of this case”) are unauthorized buildings constructed on the land owned by the State owned by the Plaintiff C, and the register was not created separately.
(b)The details of registration of ownership of F buildings, H buildings and I buildings are as follows:
1/2 (No. 5, 201) H1/2 (No. 8, 2014) 1/4 (No. 2, 2016 May 2, 2016) 1/3 (No. 2016 May 2, 2016) I/3 (No. 2, 1982) 1/3 (No. 5, 2014) 1/6 (No. 25, 2016) 1/6 (No. 2016) of the Plaintiff (public land portion and acquisition date) B CD E 1/2 (No. 25, 1974) 1/2 (No. 2016) 1/6 (no. 2, 2016).
C. Each of the instant buildings is being used as a single building, and there are parts extended on the upper rooftop of that second floor without permission from 2005 to 2006.
(hereinafter referred to as “the instant unauthorized Expansion”). Since then, the extension on the ground of the Seoul Jung-gu Seoul Central Government (hereinafter referred to as “F land”) was voluntarily removed.
In relation to the portion of the non-permission extension of this case, the Defendant: (a) imposed the F Building on the Plaintiff A (No. 9-1); and (b) all the payers are indicated as “Plaintiff A and one other, but in fact, it seems that all the payers were imposed on the Plaintiff A.
On July 6, 2007, the imposition of enforcement fines of KRW 38,028,00 and KRW 34,926,000 on August 21, 2015 was made. On August 21, 2015, Plaintiff A appealed to the imposition of enforcement fines and filed an administrative litigation (this Court Decision 2015Gudan61859) on August 21, 2015, and the decision revoking the remainder of the said disposition, excluding the reduced portion, became final and conclusive as it is.
In addition, on February 20, 2017, the Defendant imposed the enforcement fine of KRW 10,01,00 on Plaintiff A and B, KRW 10,80,000 on Plaintiff C, and KRW 7,258,00 on Plaintiff D and E, respectively.