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(영문) 수원지방법원 2016.05.17 2015구합2384
개발제한구역내불법행위에대한시정명령취소
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, as the owner of the land B-based land rest area in the development-restricted zone (hereinafter “instant rest area”), operates a restaurant at the said rest area.

B. On June 1, 2015, the Defendant issued a corrective order, pursuant to Articles 12 and 30 of the former Act on Special Measures for Designation and Management of Development Restriction Zones (amended by Act No. 13670, Dec. 29, 2015; hereinafter “former Development Restriction Zones Act”) to the Plaintiff to order the Plaintiff to restore the instant rest area to its original state and to voluntarily repair it until July 31, 2015, on the ground that the Plaintiff illegally extended the rest area, as indicated in the following table:

(hereinafter referred to as "the instant corrective order". Construction (extension) B of the structure of unlawful use (scale) structure of the content of the act of illegality in the location of the act (number of floors). The prefabricated-type panel, 58 restaurants (2 floors), 54 main rooms of the prefabricated-type Panel, 58 restaurants (1 floors), and the toilet assembly-type panel 54 table [the grounds for recognition] does not dispute, Gap evidence 3, Eul evidence 2, and the purport of the entire pleadings.

2. Whether the corrective order of this case is lawful

A. The summary of the Plaintiff’s assertion 1) The Plaintiff was subject to the disposition of non-prosecution in the year 2009 on the extension of the instant rest area, and the Plaintiff’s extension of the rest area cannot be deemed unlawful. In light of the above disposition of non-prosecution and the circumstances where the Defendant imposed the acquisition tax and property tax on the extension thereof from around 2010, the Defendant’s issuance of the instant corrective order against the Plaintiff was in violation of the Plaintiff’s trust and abuse of discretion.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. Determination 1) Whether the grounds for disposition exist, Articles 12(1) and (3), and 30(1)1 of the former Development Restriction Zone Act, and Article 19 subparag. 1 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 26512, Sept. 8, 2015) is a building located in a development restriction zone.

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