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(영문) 수원지방법원 2018.04.06 2017구단3247
개발제한구역내불법행위 이행강제금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. (1) On April 23, 2014, the Plaintiff obtained permission for the use of agricultural product storage, and newly constructed a warehouse building of 149.46 square meters of the structure of the assembly board on the ground B located in the area of development restriction (hereinafter “instant building”), and completed registration of the preservation of ownership on May 16, 2016 after obtaining approval for use on May 16, 2016.

B. The Plaintiff kept the agricultural products purchased as above in the instant building that obtained permission for the purpose of storage of agricultural products in order to purchase agricultural products in the CY, CY, CY and CY and supply them to nearby restaurants, etc.

Article 12(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Special Measures Act”) provides that the Plaintiff’s above act constitutes a violation of Article 12(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones by altering the use of the building of this case, which is an agricultural product storage, to a general warehouse without permission, and the Defendant issued a corrective order on November 16, 2016 to reinstate the

x) However, the Plaintiff failed to implement the restoration to its original state, the Defendant, following a prior notice of imposition of enforcement fines based on Article 30-2(2) of the Act on Special Measures on January 24, 2017, imposed a non-performance penalty of KRW 12,59,000 on the Plaintiff (=281,000 square meter base value per square meter x 149.46 square meter x 0.3 square meter x less than 0,000 won) based on Articles 30 and 30-2(1) of the Act on Special Measures on Special Measures on September 12, 2017.

【Facts without dispute over the grounds for recognition】 non-contentious facts, Gap evidences 1 through 8, Eul evidences 1 through 9, the purport of the whole pleadings

2. According to the Act on Special Measures, in a case where the use of a building without permission is altered in a development-restricted zone and Article 12(1) of the Act on Special Measures is violated, it shall be subject to a corrective order (Article 30(1) of the Act on Special Measures) and a non-performance penalty (Article 30-2(2) of the Act on Special Measures).

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