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(영문) 대전고등법원 2020.11.27 2020누10614
이행강제금부과처분무효확인 청구
Text

The plaintiff's appeal is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the following cases, and thus, this case is cited in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. The second 10 to third 1 of the judgment of the court of first instance shall be written in the following parts:

“. The Plaintiff, without permission on June 2013, installed non-proof walls and toilets on the instant sperm and changed the purpose of use for residential purposes. On or around June 2015, the Plaintiff used the I-dong building in the said permitted drawings without permission (hereinafter “instant resting room”).

A) The extension of the instant sperm (hereinafter referred to as “each of the instant buildings” by aggregating the instant sperm and the instant resting rooms

(i) by inserting the phrase “influence” in the third nine (9) of the judgment of the first instance court, and inserting the phrase “influence” in the thirteen (13).

Article 22, "Article 22" of the fourth 4th sentence of the judgment of the court of first instance shall be deleted, and "G Dong 264.9m2" of five parallels shall be "G Dong 264.6m2".

Article 14 "Violation of Extension without Permission" of the fourth seventh sentence of the court of first instance shall be applied "Violation of the purpose of use without permission", "Violation of Article 14 (Extension without Permission) and Article 16 (Unauthorized Alteration of Use".

Article 115-2 (2) of the Enforcement Decree of the Building Act shall be amended to “B”, “B”, “B”, and “B”, respectively. The 5th and 14th of the first instance judgment shall be amended to “Plaintiff”. The 6th and 3th of the said judgment shall be amended to “Article 115-2 (2) of the Enforcement Decree of the Building Act” as “Article 115-2 (2) of the Enforcement Decree of the Building Act” and “B” as “I”, respectively.

The 7th to 6th of the first instance judgment shall be followed by the following:

3) Whether there was an error in the procedure in the correction order prior to each of the dispositions of this case, or the plaintiff's assertion is made several times prior to each of the dispositions of this case by the defendant.

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