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(영문) 서울행정법원 2018.10.23 2018구단4123
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 February 19, 190, the Plaintiff newly constructed a building with one story underground and one story above ground (hereinafter “instant building”) on each land in Songpa-gu Seoul Metropolitan Government B and C with a building permit granted by the Defendant, and on July 3, 1990, obtained the approval for the use thereof [the site area: 361.4 square meters, total floor area, 203.01 square meters, building area: 180.23 square meters, and parking lot: 27.5 square meters (out two lots)];

After obtaining approval for the use of the building of this case from the Plaintiff, on January 13, 2000, the Plaintiff had lawfully expanded the neighborhood living facilities (retail stores) 8.64 square meters on the first floor of the building of this case, and the ground plan of the building of this case altered due to the extension is as follows.

The floor plan of the annexed parking lot and the annexed parking lot shall be as follows:

(1) The part indicated as ①, ② is an annexed parking lot).

On May 25, 2016, the Defendant discovered the fact that 21 square meters of neighborhood living facilities in the printing panel were enlarged in the instant building. On June 2, 2016, the Defendant ordered the Plaintiff to voluntarily correct the said unauthorized extension by July 17, 2016, and confirmed the fact that the said unauthorized extension was removed on June 8, 2016.

C. Since then, around June 20, 2016, the Defendant submitted an opinion to the effect that “the Plaintiff provided an explanation of detailed offenses along with the drawings” on September 23, 2016, following the instant building, is a drawings attached to the official document sent by the Defendant to the Plaintiff on October 18, 2016.

As seen, it was discovered that 29 square meters of neighborhood living facilities in the board panel (hereinafter “instant unauthorized extension parts”) were expanded without permission. On June 23, 2016, the Plaintiff ordered the Plaintiff to voluntarily correct the instant unauthorized extension by August 12, 2016. On August 22, 2016, the Plaintiff again ordered the Plaintiff to voluntarily correct the unauthorized extension parts by September 22, 2016.

However, the plaintiff did not comply with the above second corrective order, and the defendant did so on September 22, 2016, and on December 30, 2016, Article 80 of the Building Act against the plaintiff.

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