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(영문) 의정부지방법원 2020.02.17 2019구단6794
이행강제금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On May 1, 2017, the Plaintiff (C) entered into a sales contract with respect to the amount of 1,173 square meters and the amount of 800 square meters and the amount of 1,173 square meters and the amount of 1,173 square meters and the amount of 1,00 square meters and

6. 21. 21. D. The registration of ownership transfer is completed with respect to the area of 911 square meters before D, E, 273 square meters before E, and 454 square meters before F.

D and E There are two animals and plants related to the area of 249.6 square meters, each of which was approved for use on June 1, 2017 after a building permit was granted on December 1, 2016, and the Plaintiff was subject to registration of preservation of ownership on the ground of sale on June 7, 2017.

6. 21. Completion of the registration of ownership transfer.

(hereinafter referred to as “instant land or building”) land and on-ground stables. (b)

On May 14, 2018, the Defendant discovered that “the Plaintiff committed an illegal act, including creating a parking lot and access road on the instant land by building concrete on June 2017,” by investigating the illegal act in a development-restricted zone. The Defendant discovered that “the Plaintiff committed an illegal act on the instant land.” The Plaintiff

5.17.Advance notice and information

6.7. Corrective Order was issued.

C. On August 21, 2018, the Defendant, along with the corrective order, gave notice of imposition of KRW 230,058,000 for non-performance penalty as indicated below.

The standard market price of the land-related violation / Standard market price of 1D (parking lot and access road) 297,800 square meters of 800 square meters of 2.371,472,000 square meters of 354,000 square meters of 7.51,239,000 square meters of 39.6 square meters of 249.6 square meters of 39.49,171,200 won of 44,000 square meters of 249.6 square meters of 249.6 square meters of 49.49,171,200 won of 4,00 won of 5.49,171,200 won of 200 won of 5 (ware) change of use (ware) 249.62,502,720,720 won of 29,394,205,209.

D. On October 12, 2018, the Defendant imposed KRW 131,716,000 on the Plaintiff for non-performance penalty as indicated in the following table.

Serial Standard market price of land violation / 14,000 square meters for enforcement of the imposition rate of the officially assessed individual land price / 297,800 square meters for 1D (parking lot, access road) 2 F-200 square meters for 71,472,000 square meters for 20 square meters for 354,000 square meters for 0.51,239,000 square meters for 39.6 square meters for 39.6 square meters for 249.6 square meters for 39.329,000 square meters for 29,502,720 won for 4.

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