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(영문) 수원지방법원 2016.04.29 2015구단2646
건축이행강제금부과처분무효확인
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 is the owner of the 1st underground and the 3nd ground-based building in Seongbuk-gu, Sungnam-si (hereinafter “instant building”).

The Defendant issued a corrective order, within a fixed period of July 27, 2012, to reinstate the first floor and the first floor of the instant building in violation of the Building Act, on the ground that the Plaintiff, from two to four households, was engaged in a large-scale repair dividing the second floor and the third floor from one household to four households (hereinafter “large-scale repair of the instant building”).

B. On October 24, 2013, the Defendant issued the instant disposition imposing a non-performance penalty of KRW 559,000 (i.e., the base value of the building as of the base value of 2013 ¡¿ 620,000 x usage index 1.0 x structural index 1.0 x location index 1.1 x 0.82 x 0.82) (i.e., the base value of the building assessment x 559,00 x 438.06 x 10/100) on the Plaintiff on October 24, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The standard market price, which serves as the basis for calculating charges for compelling the performance of large-scale repair of the Plaintiff’s assertion, shall be calculated by multiplying the standard market price of new buildings pursuant to the Local Tax Act by 20%, pursuant to [Attachment Table 2] of the Gyeonggi-do Standard Market Price Table of Real Estate Act, in the case of buildings violating Article 80(1)2 of the Building Act other than subparagraph 1 of the same Article.

Nevertheless, the defendant did not multiplying the relevant index and imposed enforcement fines on the large-scale repair of this case on the basis of the standard market price of new buildings.

In addition, the Enforcement Decree of the Building Act [Attachment 15] was amended to increase the imposition rate for large-scale repair of a household division from 3/100 to 10/100 on December 12, 2012, and it is in accordance with the previous provisions, notwithstanding the above amendment, for buildings repaired on or before December 12, 2012.

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