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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts are the owners of Gangnam-gu Seoul Special Metropolitan City B and C, which the Plaintiff designated as a development restriction zone, and the Defendant, on June 20, 2014, issued a disposition imposing KRW 1,800,000 for enforcement fine under the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “instant disposition”) on the ground that he/she installed a temporary installation on the ground that he/she used it as a stable on the ground that he/she installed a temporary installation on the ground of 45 square meters (hereinafter “instant land”) of the said land on the Plaintiff on June 20, 2014, pursuant to the evidence Nos. 1 and 2 (including a temporary number, hereinafter the
2. Whether the disposition is lawful;
A. The Plaintiff asserted that the Plaintiff installed a retaining wall on the instant land only with a cover cover, without any establishment of a stable, and did not receive a corrective order prior to the instant disposition from the Defendant, and the Plaintiff responded to the Defendant’s failure to proceed with the procedure for imposing charges for compelling compliance upon completion of the removal of the pertinent part on June 8, 2014, which was after receiving the notice of scheduled imposition of charges for compelling compliance, after obtaining confirmation from the Defendant’s side, and thus, the instant disposition is unlawful as it does not exist in itself.
B. According to Article 12(1) of the Act on the Determination of Development Restriction Zones, construction of buildings, installation of structures, change of the form and quality of land, deforestation of bamboo and trees, partition of land, piling up goods, or an urban/Gun planning project under Article 2 subparag. 11 of the National Land Planning and Utilization Act cannot be implemented within a development restriction zone. However, under subparagraph 1(e) of the proviso, a person who intends to construct buildings or build structures prescribed by Presidential Decree, which correspond to facilities for residential, living convenience and livelihood of residents in a development restriction zone, may obtain permission from the head of a Si/Gun/Gu, etc., and a stable except for simplified stable of 15 square meters or less, is entitled to do so.