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(영문) 서울행정법원 2019.09.18 2018구단59932
건축이행강제금부과처분취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts ① The Plaintiff is the owner of the Yongsan-gu Seoul Metropolitan Government Ground Building B, and the Defendant confirmed that the above building was enlarged or reconstructed without permission around 2001, and imposed a non-performance penalty on the Plaintiff every year thereafter.

② On November 13, 2008, the Defendant imposed enforcement fines of KRW 16,609,00 on the Plaintiff (hereinafter “instant enforcement fines of KRW 2008”), imposed enforcement fines of KRW 15,99,720 on April 12, 2010 (hereinafter “instant enforcement fines of KRW 2009”), and imposed enforcement fines of KRW 16,375,080 on January 8, 2014 (hereinafter “instant enforcement fines of KRW 2013”). Each disposition was imposed.

[Ground of recognition] Facts without dispute, Gap evidence 1 (including paper numbers; hereinafter the same shall apply), Eul evidence 11, 18, and 27, the purport of the whole pleadings

2. In order to impose the enforcement fine on the Plaintiff’s assertion under the Building Act, the corrective order, advance notice, and notice of imposition must be given in writing specifying the contents of the unlawful building in the order of its execution. The documents submitted by the Defendant in the litigation process of this case are not the documents actually sent by the Defendant to the Plaintiff, but the documents do not contain the details of the Plaintiff’s unlawful building. Thus, there is no proof as to the fact that the Defendant issued each corrective order, advance notice of imposition, and notice of imposition with respect to each of the enforcement

In addition, there is no proof that the Defendant sent the documents regarding the enforcement fine of this case to the Plaintiff’s domicile on the Plaintiff’s resident registration, and even if having sent them to the Plaintiff’s domicile on the Plaintiff’s resident registration, in the case of the documents regarding the enforcement fine of 2013, the apartment house was not sent by stating the number of houses, and it was also erroneous that the documents were not sent

2.

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