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(영문) 광주지방법원 2014.12.18 2014구합953
주차장법위반 이행강제금 부과처분취소
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The Plaintiff and the designated parties (hereinafter referred to as “Plaintiff, etc.”) were married couple and owned by the Plaintiff and the designated parties (hereinafter referred to as “Plaintiff, etc.”) for the instant building with three parking spaces around the instant land (hereinafter referred to as “instant parking lot”) pursuant to Article 19 of the former Parking Lot Act (amended by Act No. 12473, Mar. 28, 2014; hereinafter the following) and Article 15 of the Ordinance of the Parking Lot Ordinance, when constructing the instant building, the Plaintiff, etc. established an annexed parking lot (hereinafter referred to as “instant parking lot”) for the instant building with three parking spaces located near the instant land.

B. On March 11, 2013, the Defendant issued a corrective order to the effect that the Plaintiff, etc. installed a container stuff in the instant parking lot, based on Article 19-4(3) of the former Parking Lot Act against the Plaintiff, etc., on March 20, 2013, based on the regular inspection of the management status of the attached parking lot conducted on March 11, 2013 (hereinafter “the first corrective order”).

On May 3, 2013, when the plaintiff et al. failed to comply with the above corrective order, the defendant issued a corrective order to reinstate the plaintiff et al. to maintain the original function of the instant parking lot (hereinafter referred to as "the second corrective order") by June 4, 2013, and notified the plaintiff et al. that he will impose KRW 8,424,00 for enforcement fines calculated as follows pursuant to Article 17-2 of the former Parking Lot Ordinance, based on Article 32 of the former Parking Lot Act, if the plaintiff et al. did not restore the original function of the instant parking lot by the said deadline.

[Calculation Basis] Calculation Basis: 2,340,00 [Land Value (Individually Assessed Land Price) 】 12 square meters (area of one side of parking compartment) x 3 (number of parking lots) 】 10% (violation rate) 】 8,424,00 won

C. The Defendant imposed a charge for compelling the performance on July 10, 2013, the Plaintiff et al. as to the Plaintiff et al.

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