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(영문) 부산지방법원 2018.11.22 2018구합21294
이행강제금부과처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is the owner of the building B and C in Busan Dong-gu (hereinafter “instant building”).

On May 6, 1975, the building of this case, which was approved for use on May 21, 1975 after obtaining a building permit on May 6, 1975, and which was lawfully permitted is as follows:

General accommodation facilities of a reinforced concrete structure of 99.67 3rd floor reinforced concrete structure (norries) with 35.21st floor reinforced concrete structure shops of 35.21st floor reinforced concrete structure, 99.67 second floor reinforced concrete structure, general accommodation facilities (norries) for each floor. 9.67

B. In around 2014, the Plaintiff installed the block structure on the rooftop of the instant building without filing a construction report (hereinafter “instant structure”). On September 27, 2017, the Defendant issued a corrective order pursuant to Article 79 of the Building Act on the ground that the instant structure installation was in violation of the Building Act.

C. Since then, the Defendant issued a more corrective order on October 31, 2017, but the Plaintiff failed to comply with the said corrective order. On November 24, 2017, the Defendant issued a prior notice prior to the imposition of enforcement fines pursuant to Article 80 of the Building Act and issued a disposition imposing KRW 10,496,000 for enforcement fines on December 18, 2017, as follows.

(hereinafter referred to as the “instant disposition”). The land price for accommodation facilities of 2014 square meters of a block (4 stories) extending the size for the calculation basis for the year of the violation: 1,974,00 won: 473,00 won: 10,496,343 won (=473,00 won x 73.97 x 0.5 x 0.6 x 0.6) / The fact that there is no dispute over the grounds for recognition / 73,000 won, Gap’s evidence 2-4, Eul’s evidence 1-3 (including each number; hereinafter the same shall apply), and the purport of the entire pleadings.

2. As the Defendant filed the instant lawsuit on March 30, 2018 from December 21, 2017, which was the date when the Plaintiff became aware of the disposition, the Defendant asserted that the period for filing the instant lawsuit is unlawful, as it exceeds the period for filing the lawsuit.

Article 7 of the Administrative Litigation Act is an administrative litigation without the plaintiff's intention or gross negligence.

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