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(영문) 수원지방법원 2015.10.08 2014구합6297
이행강제금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. In addition to the two lands owned by the Plaintiff, B, 79 square meters prior to B and C, 3,264 square meters prior to C (hereinafter “instant land”) are designated as a development restriction zone.

B. On August 27, 2013, the Defendant issued a corrective order with regard to the Plaintiff, under Article 30(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Restriction on Development Restriction Zones”) to the effect that the Plaintiff used 3,642 square meters in the instant land (the size of 3,800 square meters in the instant land as indicated in the above corrective order less the size of D land from 3,800 square meters, and installed a container on the 189 square meters without permission, and violated Article 12(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Restriction on Development Restriction Zones”), stating that “the Plaintiff shall restore the said land to its original state by October 15, 2013,” without complying with the corrective order stated in the said paragraph. C. The Defendant did not establish a 3,642 square meters in the instant land, and installed a 1500 square meters in the form and quality and 20120 square meters in the instant land without permission.

As the Plaintiff did not restore the instant land to its original state by January 15, 2014, the Defendant issued a disposition imposing enforcement fines of KRW 50,000,000 on the Plaintiff pursuant to Article 30-2(1) of the Development Restriction Zone Act (hereinafter “instant disposition”) on June 27, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 7-1, 2, 13, 14, 15-1, Eul evidence 1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion.

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