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(영문) 서울행정법원 2020.06.19 2020구합51402
각하 재결 취소 청구의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of ruling;

A. The Plaintiff is a person who owns and resides in Yangcheon-gu Seoul Metropolitan Government B apartment C.

B. On June 20, 2018, the Plaintiff requested the head of Yangcheon-gu Seoul Metropolitan Government (hereinafter referred to as the “head of Yangcheon-gu Office”) to remove the above illegal facilities on the ground that the residents E (F before the opening of the name) located adjacent to the apartment living by the Plaintiff installed the illegal facilities on the corridor, which is a common space of multi-family housing, and uses it as an personal space.

C. On September 6, 2018, the head of Yangcheon-gu Office ordered E to remove iron doors installed in a public corridor pursuant to Articles 35(1) and 94 of the Multi-Family Housing Management Act, and imposed a fine for negligence pursuant to Articles 93(1) and 102(2)7 of the Multi-Family Housing Management Act as E does not comply with this order.

E paid the above administrative fine, but the restoration order was not complied with.

The plaintiff from April 24, 2019 to the same year

6. By December 21, 200, E requested the head of Yangcheon-gu to impose the second administrative fine and file a complaint on the ground that E fails to comply with the restoration order, but the head of Yangcheon-gu has failed to comply with it.

E. On July 5, 2019, the Plaintiff filed a petition for trial on the fulfillment of obligations under Article 5(3) of the Administrative Appeals Act with the purport of purport that, “The respondent shall comply with the imposition of an administrative fine and penal disposition against the owner who has installed a corridor occupation and entrance under the Multi-Family Housing Management Act” with the head of Yangcheon-gu Seoul Metropolitan Government Administrative Appeals Commission as the respondent.

F. On September 23, 2019, the Seoul Special Metropolitan City Administrative Appeals Commission cannot be deemed to have the legal right to request the head of Yangcheon-gu to impose an administrative fine or to comply with a penal disposition (including a criminal charge, etc.) under the Multi-Family Housing Management Act. Therefore, the Plaintiff’s petition for trial on the performance of duties is unlawful. The Plaintiff’s petition for trial on the performance of duties does not exceed the judgment dismissing Plaintiff’

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