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(영문) 광주지방법원 2017.06.01 2015구합11875
이행강제금 부과처분 취소 청구의 소
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, including the Plaintiff’s status, is a 1/2 equity holder of the building listed in the attached Table 1’s list of real estate (hereinafter “instant building”).

B. On March 20, 2014, the Plaintiff and B (the owner of other 1/2 shares in the instant building) obtained permission to engage in the electricity generation business from the Defendant (the content of the business: solar power generation, business place: the instant building (building building)). (2) The Plaintiff filed an application for permission to engage in the development activities with the Defendant to install solar power facilities on the rooftop of the instant building, and the Defendant filed an application with the Defendant on April 15, 2014.

C. In order to install solar power generation facilities in the instant building, the Plaintiff: (a) installed a pole on the third floor rooftop of the instant building and installed a slab roof (hereinafter “instant slab”); (b) installed a pole on the top thereof; and (c) issued the Plaintiff the completion certificate of permission for development activities (construction of structures) on January 19, 2015.

On November 20, 2014, on December 26, 2014, the Defendant issued a voluntary removal order to the Plaintiff on the ground that the part of the third floor of the instant building without permission (prefabricated board, health room, 72 square meters) and the part of the roof extension without permission ( steel reinforced concrete, neighborhood living facilities, 191.8 square meters) violated the Building Act. On January 30, 2015, the Defendant notified the Defendant that enforcement fines will be imposed if the said corrective order is not implemented through the submission of opinions following the imposition of enforcement fines. 2) On March 2, 2015, the Plaintiff submitted to the Defendant on March 2, 2015, an opinion that the Plaintiff completed the correction by having the Defendant complete the correction of the instant building by having 5,000 square meters among the instant slabs.

Accordingly, on March 5, 2015 and March 10, 2015, the Defendant’s public official visited and confirmed the instant building, and the instant slabs do not have been removed, but five of the instant slabs.

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