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(영문) 부산지방법원 2015.07.17 2015구합21309
건축이행강제금부과처분취소
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. On June 8, 2006, the Plaintiff completed the registration of ownership transfer on the ground of sale as of May 15, 2006 with respect to the land B, 2,975 square meters in Gangseo-gu Busan, Busan, which is located in a development-restricted zone. The said land was divided into B, 30 square meters on September 30, 201, and C, 2,645 square meters (hereinafter “instant land”).

B. The Plaintiff’s spouse E, the representative director of D (hereinafter “D”) newly constructed a container (24 square meters) and pipes (38 square meters) on the instant land, and the Plaintiff changed the form and quality of 2,543 square meters on the instant land without permission.

(hereinafter “instant violation”). C.

On May 31, 2011, the defendant shall designate E as the addressee on May 31, 201.

The first corrective order, including the following, was sent to the Plaintiff and E, on the ground that the act described in the paragraph violated Article 12 of the former Act on Special Measures for Designation and Management of Development Restriction Zones (amended by Act No. 11054, Sept. 16, 201; hereinafter “former Development Restriction Zones Act”).

Pursuant to Article 30 of the Development Restriction Zone Act and Article 79 of the Building Act, the time of voluntary restoration to the original state until June 30, 2011. If the restoration to the original state is not made within the prescribed period, it would be known that it would be subject to continuous administrative measures, such as accusation and imposition of enforcement fines, until the illegal act is corrected.

Details of a tort (the maximum period between June 1, 201 and June 30, 201) (the name, address, land category, area of the area in which the person committed the tort is located) E (D) FB C 24 new pipe GB container office 24 new A 38 construction pipe 2,543 form and quality alteration

D. As the Defendant did not comply with the first corrective order, E shall be the addressee, and on July 4, 2011.

The second corrective order and the second order to restore the same content as the statement to its original state until July 14, 2011.

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