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(영문) 수원지방법원 2016.12.20 2016가합78543
이행강제금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 258,448,960 and the interest rate of KRW 15% per annum from August 18, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On January 19, 2012, the Plaintiff obtained land transaction permission for 5,842/12,694 square meters among 12,694 square meters of 5,694 square meters of Geumsung-si, Geumdong-si, Geumsung-si, Geumdong-si, Geumsung-si, Geumdong-si, for the land transaction permission for 51-2 forest land of 10,413 square meters, and completed the registration of transfer of ownership on February 16, 2012, with the registration of transfer of ownership on February 16, 2012.

B. As a result of an on-site investigation into the instant land, the head of Seosung-si Branch Office confirmed that the Plaintiff did not use the said land for the permitted purpose, and ordered the Plaintiff, on August 9, 2013, to perform the duty to use the instant land for the permitted purpose on November 8, 2013, with the implementation period until November 8, 2013.

(hereinafter “instant implementation order”). C.

After November 8, 2013, the head of Sung-si Branch of the Branch Office imposed KRW 258,448,960 on the Plaintiff on December 31, 2013, which determined that the Plaintiff failed to perform his/her duty to use the land in compliance with the implementation order, upon the Plaintiff on the ground that he/she conducted a field investigation on the instant land after November 8, 2013 (hereinafter “instant disposition”), and the Plaintiff paid both the Defendant and the Plaintiff.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1, 2, and 3, purport of the whole pleadings]

2. Determination

A. Whether the instant disposition was unlawful or not, 1) The National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

Article 124-2 (1) provides that "the head of a Si/Gun/Gu may order a person who fails to perform the duty to use the land under Article 124 (1) to perform the duty to utilize the land within a reasonable period fixed," and Article 124-2 (2) provides that "the head of a Si/Gun/Gu shall impose a non-performance penalty of an amount prescribed by Presidential Decree within the limit of 10/100 of the acquisition value of the land, if the person fails to perform

In other words, the implementation stipulated in Article 124-2 (1) and (2) of the National Land Planning and Utilization Act.

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