1. The instant lawsuit shall be dismissed.

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

Details of the disposition

In around 2008, the Plaintiff installed a non-forest facility (hereinafter “instant facility”) in the form without a wall in the part of Ulsan-gu B forest No. 42,446 square meters (hereinafter “instant land”) located within a development restriction zone.

On February 21, 2008, the Defendant issued a warning to the Plaintiff on the following: “The construction of the instant facilities is in violation of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Development Restriction Zones Act”); “The construction of the instant facilities is to be corrected pursuant to the provisions of Article 3 of the Administrative Vicarious Execution Act, and will be restored to the original state within 20 days from the date of delivery of the fraternity and library; if the facilities are not implemented, a complaint is filed with the investigative agency, and the expenses will be imposed on the Plaintiff by carrying out vicarious execution.”

The defendant did not implement the restoration to the original state until the time when the plaintiff was ordered to restore the original state of this case. On March 15, 2008, the defendant notified the plaintiff of the above contents within 10 days from the delivery date by giving up the deadline for the restoration to the original state. However, when the plaintiff did not implement the deadline, the defendant imposed a non-performance penalty on five occasions from the year 2008 to the year 2012.

The Defendant did not pay the Plaintiff the total amount of KRW 3,956,500,00. On August 2, 2012, the Defendant seized the amount of KRW 371 square meters in Ulsan-gu, Ulsan-gu, the Plaintiff owned for the collection of delinquent charges. The Defendant again seized the said land for the collection of KRW 1,896,00,00, the total amount of delinquent charges for 6,770,000, and notified the Plaintiff on November 28, 2013, for the imposition of the amount of delinquent charges for 6,896,000, the amount of delinquent charges for 6,70,000,000. On March 27, 2014, the Defendant imposed a corrective order and the imposition of a non-performance penalty for 8th (hereinafter referred to as “instant imposition of non-performance penalty”).

The Plaintiff shall take measures to pay and restore enforcement fines.