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(영문) 서울행정법원 2016.10.21 2016구단51859
건축이행강제금부과처분취소
Text

1. On December 13, 2015, the Defendant imposed a non-performance penalty of KRW 27,221,840, which was imposed on the Plaintiff on the Plaintiff on December 13, 2015.

Reasons

1. Details of the disposition;

A. The Plaintiff is a person who owns each building on the ground B, C, and five lots of land, and D, Seoul Jung-gu, Seoul, and (hereinafter referred to as “Seoul Jung-gu, Jung-gu, Seoul”) (hereinafter referred to as “building B”), and two buildings subject to the building C, and five lots of land, and three buildings subject to D’s ground.

B. The Plaintiff constructed a building on the target 1, 2, and 3 buildings with a building permit as a factory facility or sports facility, etc., and thereafter leased the building to the Korea Highway Co., Ltd. (hereinafter the Nonparty Company) for use as a warehouse or neighborhood living facility, unlike the contents of the building permit. Since the construction of the building, the Plaintiff did not obtain approval for use from the competent authority

C. On December 23, 2015, the Defendant issued a disposition imposing indemnity (hereinafter the instant disposition) to the Plaintiff as follows.

(1) A building subject to permission for construction (excluding using a building without obtaining permission for use as a warehouse facility): 518,00 won x 1,469.29 square meters x 0.5 x 380,546,110 won x 80,000 won x 300 square meters x 300 square meters x 300 square meters x 12,000 square meters x (use of a building without obtaining approval for use) in advance: 518,00 won x 1,469.29 square meters x 0.02 x 0.02 x 15,221,840 x x 401 x x 506 x 205 x 806 x 401 x x 506 x 206 x 504 x 506 x 206 x 1,004 x x 5 x 3061 x x x x 3061 x x x m2061.

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