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(영문) 수원지방법원 2014.12.18 2014구합51365
기타이행강제금부과처분취소
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. From September 2012, the Plaintiff is operating a camping experience site in the name of “D” in the Sincheon-si B (hereinafter “B”) and three parcels (hereinafter “instant land”), both of which are “D”.

B. As a result of a field investigation on the instant land on June 27, 2013 and July 15, 2013, the Defendant confirmed the fact that the instant land cannot be constructed, installed, or changed to form and quality of a building without permission pursuant to Article 12(1) of the former Act on Special Measures for Designation and Management of Development Restriction Zones (amended by Act No. 12372, Jan. 28, 2014; hereinafter “former Development Restriction Zone Act”), as a development restriction zone, the instant land was installed using a wooden wall, steel frame, etc. to use the instant land as a place where the instant land was installed, and that the Plaintiff cannot use the instant land, the category of which is “C” as a parking lot, although the Plaintiff was unable to construct a building, install a structure, or change the form and quality of a structure without permission.

C. Accordingly, the Defendant is against the Defendant on two occasions on October 18, 2013 and October 23, 2013.

A corrective guidance was made to restore the parking lots, strings, and camping to the original state.

(No. 2-1, 2) The Defendant did not restore the Plaintiff to its original state within the period set by the foregoing corrective order, and on October 30, 2013, imposed KRW 19,44,000 for non-performance penalty on December 5, 2013 pursuant to Article 30-2(1) of the former Development Restriction Zone Act, following the pre-announcement procedure for the imposition of non-performance penalty on October 30, 2013.

(A) Separate Calculation 2, hereinafter referred to as the "Disposition in this case"). A parking lot for separate calculation-based compulsory performance money, and the Traler in this case (new construction) in the amount of KRW 372,00x21x21x0.5x0.727,250 in the aggregate of KRW 19,44,00 (hereinafter referred to as "a thousand unit") [based on recognition].

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