이행강제금부과처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts do not conflict between the parties or may be acknowledged in full view of the purport of the entire pleadings in each description of Gap evidence of Nos. 1 through 6, 9, 11, Eul evidence of No. 1 through 8, and No. 10 (including the serial number; hereinafter the same shall apply):
The plaintiff is the owner of an unauthorized Housing (hereinafter referred to as "the housing of this case") on the ground B of Bocheon-si.
B. From October 25, 2005 to January 25, 2006, the Defendant issued a corrective order on the ground that the Plaintiff violated the Building Act by extending the housing of this case without obtaining a construction permit from the Defendant, on three occasions. On July 6, 2006, the Defendant imposed KRW 10,780,000 on the Plaintiff, who did not make any correction accordingly.
C. Upon the imposition of enforcement fines as above, the Plaintiff filed a lawsuit against the Defendant on the ground that “the extension of the instant house does not violate the Building Act” (No. 2007Guhap971). On June 27, 2007, the said court extended the amount of 85.17 square meters of the instant house without obtaining permission from the Defendant around October 2005. The criteria for calculating enforcement fines applicable to the instant house, which is an unauthorized housing, are set forth in Article 69-2(1)1 of the Building Act, Article 111(2)1 of the Local Tax Act, and Article 111(2)2 of the Local Tax Act, and the said disposition should be revoked as the Defendant calculates enforcement fines pursuant to Article 111(2)2 of the Local Tax Act, and the said judgment became final and conclusive on July 19, 207.
After that, from October 11, 2007, the Defendant continuously issued a corrective order and imposition of a non-performance penalty on the ground that “the Plaintiff violated Article 11 of the Building Act by extending the instant house without permission in 2005,” and issued a corrective order on August 8, 2013, and issued a prior notification on October 25, 2013, and imposed a non-performance penalty of KRW 8,626,000 on December 13, 2013 (hereinafter “instant disposition”).