logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.06.25 2014구합5775
건축이행강제금부과처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On April 15, 2008, the Plaintiff obtained authorization from the Defendant for an implementation plan for urban planning facility project (a golf driving range) on the land outside the Danam-gu and 17 lots for the creation of a nearby park sports facility (a golf driving range). On September 3, 2009, the Plaintiff completed a golf driving range on September 15, 2009 (hereinafter “instant golf driving range”) and completed a completion inspection on the completion of an urban planning facility project on October 16, 2009.

B. On November 9, 2009, the Defendant issued a corrective order to the Plaintiff on the ground that the steel tower height of the instant golf driving range (hereinafter “instant steel tower”) and the roof installed on the upper part of the parking lot (hereinafter “instant parking lot cover”) are inconsistent with the contents of the authorization for the implementation plan, and that the Plaintiff installed the instant steel tower and the instant parking lot cover without any construction permission on December 7, 2009, and restored the original state to its original state on the ground that the Plaintiff did not implement the order. On March 16, 2010, the Defendant issued a corrective order to restore the original state on the ground that the instant steel tower and the instant parking lot cover was installed without permission.

C. The Plaintiff did not comply with each of the above corrective orders. On June 8, 2010, the Defendant imposed on the Plaintiff the enforcement fine of KRW 105,625,750 on the height of the steel tower in this case and the part covered by the instant parking lot [Article 105,625,750 won [Article 185,00 won per standard market price ¡¿ 5,709 square meters x 10/100 of imposed rate x 10/100 of charge for compelling compliance with the charge for compelling compliance with the charge for compelling compliance with the order for compelling compliance with the order for compelling compliance with the order for compelling compliance with the order for compelling compliance with the order for compelling compliance with the order for compelling compliance with the order for compelling compliance with the order for compelling compliance with the order for the construction of the instant parking lot] and KRW 9,520,00 [Article 476,000 won x 450/100 of charge for the construction of the instant parking lot].

arrow