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(영문) 수원지방법원 2018.03.09 2017구단9627
기타이행강제금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. (i) On November 29, 1997, the Plaintiff’s original land category B miscellaneous land was changed to “river” but was changed to “miscellaneous land” on November 4, 2004.

After acquiring ownership of 5,327 square meters (hereinafter “instant land”), 13/100 shares among them were donated to C on August 27, 2015, and some of the remaining shares were donated to D, E, C, and F on September 30, 2016.

The Plaintiff, at around 2010, set up an off-road parking lot on the instant land located within the development restriction zone, the instant land, the instant G land, and H land, and thereafter leased each of the said land to a home-based company, and thereafter, the home-based company has been used as a house-based sales business site with installation of a tent and container on each of the said land.

Article 12(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Special Measures Act”), the Defendant discovered the above facts on February 24, 2010, and subsequently ordered the Plaintiff to restore the original state for violation of Article 12(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Special Measures Act”). However, the Plaintiff failed to comply with such order, and on August 24, 2010, the Defendant first imposed KRW 50 million enforcement fine on the Plaintiff on

As the Plaintiff did not pay a non-performance penalty without taking corrective measures, the Defendant again imposed a non-performance penalty on January 20, 2014 through lawful procedures, following a legitimate procedure.

Applicant, however, the Plaintiff did not pay enforcement fines, as well as the Defendant’s corrective order dated August 6, 2015, the corrective order dated November 4, 2015, and the corrective order dated September 5, 2017, which continued to be neglected even after the Defendant’s corrective order was issued on September 5, 2017. On December 11, 2017, the Defendant issued a notice of imposition of enforcement fines based on Article 30-2(2) of the Act on Special Measures for the following violations, and the location of the subject of imposition based on Articles 30 and 30-2(1) of the Act on Special Measures for the December 28, 2017, and the structure of the unlawful contents of the Plaintiff’s act in which the Plaintiff was located, based on the location of the object of imposition based on Articles 30 and 30-2(1).

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