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(영문) 인천지방법원 2015.09.24 2015구합50966
지붕천막철거처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is the Chairperson of the Incheon Diplomatic Club, which is a park sports facility established by the Defendant in the Nam-gu Incheon Metropolitan City (hereinafter “instant Ediveton”).

B. Around October 2014, the Defendant confirmed that the Plaintiff installed a tent on the roof of the instant fleet, and ordered the Plaintiff to voluntarily maintain (delet) and restore the roof tent of the instant fleet until November 25, 2014, and may be subject to compulsory removal under the Administrative Vicarious Execution Act, etc. in the event that the period is not fulfilled.

(hereinafter referred to as “the first removal order and the first removal order”). (c)

On November 28, 2014, the Plaintiff did not remove the roof tent despite the above disposition, and the Defendant sent the third garage to the Plaintiff on November 28, 2014, stating that the Plaintiff would not continuously remove the roof tent, and on December 10, 2014, the Plaintiff urged the Plaintiff to remove the roof tent by March 9, 2015, and carry out the vicarious execution if it fails to fulfill the obligation.

hereinafter referred to as "the third disposition of the instant case"

(i) [In the absence of a dispute over the grounds for recognition, entry of Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings.

2. We examine, ex officio, whether the instant lawsuit is lawful or not, with respect to the determination on the legitimacy of the instant lawsuit.

If the owner of a building orders the removal of illegal buildings by a certain period of time, and if the building fails to comply with the order, the removal, replacement, and dismissal order shall be notified, and if the second and third specifications are sent to urge the voluntary removal by a certain period of time, the obligation to remove the building was caused by the first removal order and the second and third specifications, and the second and third specifications are not new removal obligation, but the second and third specifications are not new removal obligation.

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