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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 May 11, 2016, the Defendant issued a corrective order to voluntarily remove the boiler room 5.88 square meters, toilets 7.90 square meters, resting restaurants 27 square meters, and Class 2 neighborhood living facilities 6.83 square meters, which the Plaintiff installed on the ground of East Sea C (hereinafter “D”), on the ground that they are illegal buildings constructed without permission in neighboring park areas.
Accordingly, the Plaintiff voluntarily removed the above resting area by July 4, 2016, but did not remove the rest of the building.
B. After that, the Defendant: (a) deemed that the toilets subject to removal in the above corrective order are installed on the D’s ground, not on the illegal building, but on the D’s ground; and (b) determined that the removal of the toilets would be highly likely to collapse the entire detached house; and (c) determined that the Plaintiff is subject to removal of approximately 50 square meters on the surface of Dong Sea-si E (hereinafter “F”); and (d) on July 22, 2016, the Plaintiff did not voluntarily remove the instant buildings by August 5, 2016, on the ground that the 50 square meters of the B’s boiler room and the 6.83 square meters of the B’s neighborhood living facilities, and approximately 50 square meters of the F’s ground wooden zone (hereinafter “the instant buildings” collectively) were illegal; and (b) did not directly remove the instant buildings by August 5, 2016, and did not remove the instant buildings by 2016, the instant order for removal and disposal of the instant buildings by administrative vicarious execution.
C. The Plaintiff filed an administrative appeal with the Gangwon-do Administrative Appeals Commission, but the said commission dismissed it on October 25, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 4, 7, and 8 (including paper numbers), and arguments.