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(영문) 서울행정법원 2018.10.23 2017구단33445
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. On February 19, 190, the Plaintiff newly constructed a building with one story underground and one story above ground (hereinafter “instant building”) on each land in Songpa-gu Seoul Metropolitan Government B and C with a building permit granted by the Defendant, and on July 3, 1990, obtained the approval for the use thereof [the site area: 361.4 square meters, total floor area, 203.01 square meters, building area: 180.23 square meters, and parking lot: 27.5 square meters (out two lots)];

The ground plan of the instant building and the attached parking lot approved by the Plaintiff is as follows:

(1) The part indicated as ①, ② is an annexed parking lot).

On June 2016, the defendant confirmed that the part of the parking lot attached to the building of this case (hereinafter referred to as the "section of the parking lot of this case") in the annexed parking lot of this case, which was used as the previous model, was installed as the wall, roof, and floor and used as a warehouse.

The status of changes in the previous form shall be changed.

C. Accordingly, on June 10, 2016, the Defendant issued a corrective order ordering the Plaintiff to correct the violation of Article 19-4 of the Parking Lot Act, on the ground that the part of the instant parking lot was in violation of Article 19-4 of the Parking Lot Act, and issued a corrective order again on October 18, 2016 to the Plaintiff by November 14, 2016 (hereinafter “each of the instant corrective orders”). D.

On November 22, 2016, the Plaintiff did not comply with the second corrective order, and the Defendant has a difference between the charge for compelling compliance under Article 32(1)1 of the Parking Lot Act for the Plaintiff on August 9, 2017, and the charge for compelling compliance under Article 32(1)1 of the Parking Lot Act (=3,583,000 square meters x 12 square meters x the area prescribed in Article 24(2)3 of the Songpa-gu Seoul Metropolitan Government Ordinance on the Installation and Management of Parking Lots, and the actual area of the instant parking lot (13.75 square meters).

x 1 pages) x 20% of the imposition rate was imposed.

(hereinafter “instant disposition”) e.

On the other hand, however,

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