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(영문) 서울행정법원 2018.08.09 2018구단8064
건축이행강제금부과처분취소
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. The Plaintiff, along with Nonparty B, is the owner who owns the Mapo-gu Seoul and one parcel No. D (hereinafter “instant house”) at the ratio of 1/2 shares, respectively.

B. On September 2017, the Defendant issued a corrective order to the Plaintiff and Nonparty B, on September 26, 2017, to voluntarily remove the instant unauthorized extension by October 27, 2017, after confirming that there was the following unauthorized extension portion in front of the instant house (hereinafter referred to as “instant unauthorized extension portion”).

The area of violation of the purpose of structural use of the owner of the building located in the violation shall be seven square meters for the plaintiff and the non-party B/W voting.

C. On November 1, 2017, the Plaintiff and Nonparty B did not remove the portion of the instant unauthorized extension within the corrective period stipulated in the instant corrective order, and sent a reply to the Plaintiff and Nonparty B to the effect that they voluntarily remove the portion of the instant unauthorized extension by November 22, 2017.

On November 28, 2017, the Plaintiff and Nonparty B notified the Plaintiff and Nonparty B of the charge for compelling the performance to impose and collect the charge for compelling the performance, as they did not remove the portion of the instant unauthorized extension within the period specified in the public notice of the promotion of the correction order.

E. On December 20, 2017, the Defendant issued a disposition imposing KRW 885,060 on the Plaintiff and Nonparty B (hereinafter “instant disposition”). On December 29, 2017, the Plaintiff received the instant disposition and the notice for payment.

F. On January 4, 2018, the Defendant confirmed that the removal of the instant unauthorized extension was completed.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 5 (including paper numbers; hereinafter the same shall apply), Eul evidence 1 to 6, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is approved by a public official in charge of Mapo-gu Seoul Metropolitan Government Office.

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