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(영문) 서울고등법원 2018.10.18 2018누37573

기타이행강제금부과처분취소

Text

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.

Reasons

The reasoning for this case is as stated in the reasoning of the judgment of the court of first instance except for the modification as follows. Thus, this case is quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

[Revision] The "I" in the "place of article" in the third page of the judgment of the first instance shall be deleted.

The term "date and time of act" in the third page of the judgment of the first instance court shall be "2016" as "2016."

Part 6 of the judgment of the first instance court, "S" in Part 4 shall be raised to "L".

The judgment of the court of first instance states that “the imposition was made” of the 4th page 19 of the judgment, and the Defendant imposed the “the imposition,” and the Defendant, as the co-owners of each of the above lands, imposed the charges for compelling the performance on the actors who engaged in illegal development activities such as T, etc. or the transfer of each of the above lands from them, etc., without imposing the charges

Article 32 subparagraph 2 of the Act on Special Measures, even in addition to the imposition of a non-performance penalty under Article 30-2 (1) of the Act on Special Measures, Article 32 subparagraph 2 of the Act on Special Measures shall be punished for the violation of Article 32 subparagraph 2 of the Act on Special Measures. The crime of violation of Article 32 subparagraph 2 of the Act on Special Measures is merely a punishment for the intentional violation of the Act on Special Measures, and it shall not be limited to the case of intentional violation of the Act on Special Measures, which is subject to a non-performance penalty. Thus, there is no reasonable ground to interpret by limiting only the case of intentional violation of the Act on Special Measures, which is subject to a non-performance penalty, and even in such a case, it shall not be regarded as a violation of the principle of no punishment without the law

Part 7 9 through 15 of the judgment of the first instance shall be as follows.

“The Plaintiff refers to.