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(영문) 수원지방법원 2017.12.20 2017구단972
이행강제금부과처분취소
Text

1. The main part of the lawsuit in this case shall be dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3...

Reasons

1. Details of the disposition;

A. On the ground that the Plaintiff, among the five-story reinforced concrete buildings located in Sung-gu, Sung-gu, Sung-gu, Sung-gu, Seoul, without reporting under the Building Act, altered the purpose of use without permission and extended the area of 7.6 square meters without permission (hereinafter “instant building”). The Defendant issued a corrective order ordering the Plaintiff to restore the original state, issued a disposition imposing KRW 2,463,000 for non-performance penalty (hereinafter “the first disposition”), and imposed a non-performance penalty of KRW 3,125,00 for non-performance penalty on May 18, 2012 (hereinafter “the second disposition”), and imposed a disposition of imposition of KRW 3,125,00 for non-performance penalty (hereinafter “the second disposition”), combined with the first disposition.

B. The Plaintiff appealed and filed an objection to the Defendant, but was rejected as of May 25, 2017.

[Ground of recognition] No dispute, Gap 2, Eul 1 through 9, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. As to the part of the plaintiff's primary claim, the plaintiff filed a lawsuit in this case only after 90 days from the date he received each of the dispositions in this case. Thus, the main claim part of the lawsuit in this case is unlawful because the period for filing the lawsuit in this case exceeds the period for filing the lawsuit in this case. Article 20 (1) of the Administrative Litigation Act provides that the lawsuit for revocation should be filed within 90 days from the date when he became aware of the disposition. "the date when he became aware of the disposition, etc.," which is the starting point of the period for filing the lawsuit in Article 20 (1) of the Administrative Litigation Act, refers to the date when he actually becomes aware of the fact that the disposition in this case was made by the public notice and other methods, and it shall be deemed that the period for filing the lawsuit under Article 20 (1) of the Administrative Litigation Act runs when he

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