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(영문) 서울고등법원 2015.10.22 2015누235
이행강제금부과처분취소
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

1. The reasoning of the judgment of the court of first instance that cited this case is identical to the reasoning of the judgment of the court of first instance, except in the following cases: (a) the reasoning of the judgment of the court of first instance is identical to that of the judgment of the court of first instance and the part of the judgment on the claim against the defendant of the plaintiff B; and (b) thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the

On the two pages of the judgment of the first instance court, the first instance court 4th to 3th 1th .

[3] Around April 19, 2012, the Plaintiff changed the form and quality of L land 294 square meters among the instant land without permission (hereinafter “disposition ground”); Defendant’s disposition of non-performance penalty under Article 30-2 of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Restriction on Development Restriction Zones”); Article 80 (2) of the Building Act (hereinafter “Special Measures for Designation and Management of Development Restriction Zones”) and Article 50,000,00 for non-performance penalty (hereinafter “non-performance penalty”) on the ground that the Plaintiff did not restore it to its original state despite the Defendant’s corrective order and guidance as of May 22, 2012; and Article 30-2 of the Enforcement Decree of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Restriction on Development Restriction Zones”); and Article 80 (2) of the Building Act (hereinafter “Disposition Grounds”).

(i) "";

(b) by inserting three pages of the judgment of the first instance court [based grounds for recognition] the phrase “each entry in Category B Nos. 4, 5, and 10 (including paper numbers)”.

(c) from 7 pages 8 to 8 pages 8 of the first instance trial are as follows.

(A) On September 24, 2004, pursuant to Article 72(1) of the former Building Act (wholly amended by Act No. 8974, Mar. 21, 2008), the Plaintiff is one of the following: ① 47 square meters out of 2,262 square meters of F forest in Yangju-si; ② 10 square meters out of 1,836 square meters of 1,000 square meters of 1,036 square meters of 2,000 square meters of f forest in Yangju-si; ③ J. 2,066 square meters.

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