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(영문) 의정부지방법원 2015.08.19 2014구단1893
이행강제금부과처분무효확인
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. As a result of a public official’s business trip and investigation, the Defendant confirmed that the Plaintiff was constructing a building on the ground B of the Macheon-si without filing a building report or reporting on the construction of a temporary building (hereinafter “instant violation”).

B. Accordingly, the Defendant issued a corrective order twice to Nonparty C, and thereafter received a written notice from the Plaintiff as to the illegal act, and on October 7, 2010, ordered the Plaintiff to collect charges for compelling compliance amounting to KRW 9,832,000 on the ground of the Plaintiff’s violation of the Building Act regarding the same building as set forth below.

The area of structural use (scale) steel pipe(gran pipe) neighborhood living facilities 177.50 container " 150.00 Rabsium 112.50

C. On January 201, 201, the Defendant confirmed that the Plaintiff voluntarily removed certain buildings as a result of a business trip investigation conducted by a public official in charge of early childhood, but confirmed that the remainder remains.

On January 13, 2011, the Defendant issued a disposition to impose KRW 7,344,830 on the Plaintiff the charge for compelling compliance on the remaining buildings, on the ground of the violation of the Building Act, as follows:

hereinafter referred to as "the disposition of this case" is a disposition.

Since then, the amount of charge for compelling the performance shall be reduced to 4,215,000 won finally as follows. The area for structural use (149.50 container 150m2, 150.00 margsium 69.45

E. After the above disposition, the Plaintiff filed a civil petition that had already been removed from the illegal building. On March 15, 2011, a business trip investigation was conducted by the public official in charge, and thereafter, the public official in charge confirms that the Plaintiff removed only a part of the steel pipe building and the light-line building, and the columns, roof, and steel structure remains. Thus, the enforcement fine is lawful. However, the use of the said steel pipe building and the light-line building is not a neighborhood living facility, but a warehouse, and thus, the purpose of use is corrected.

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