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(영문) 대구고등법원 2019.04.26 2018누4572
이행강제금 변경 부과 예고처분 취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts are either in dispute between the parties or in accordance with the purport of Gap evidence Nos. 1, 10, and Eul evidence No. 2 (including the branch numbers where no special indication is made; hereinafter the same shall apply) and all pleadings, and there is no reflective evidence:

The Plaintiff entered into a loan agreement with the Defendant on the B site B in racing-si (hereinafter “instant site”), and uses it, and owns 39.54 square meters of a house unregistered on that ground (hereinafter “instant house”).

B. On October 2, 2015, the Defendant issued a voluntary removal and restoration order (Evidence 1-B No. 1-1) to the Plaintiff, on the following grounds: (a) on November 1, 2015, to voluntarily remove the violating building and restore the violating building to its original state (Evidence 1-1-1-2) by November 1, 2015; (b) on the following grounds: (c) on the following grounds: (d) the Plaintiff used the instant housing without filing a report on the size of 26.58 square meters and the aggregate of 34.68 square meters in wooden toilets; and (e) the Defendant issued a corrective order (hereinafter collectively referred to as the “instant corrective order”) to voluntarily remove the violating building and restore the building to its original state by November 3, 2015; and (e) the Plaintiff issued a corrective order to voluntarily remove the violating building and restore it to its original state by December

(1) Grounds for imposition: Article 80 (2) of the Building Act: The officially announced value of a building: B 15,800/m2 of the building at the time of racing. (3) Standard amount of light metal - light metal 146,000 square meters/m2 (house-2004): 146,000 square meters - light metal - light metal 146,000 won/m204: (4) Criteria for imposition and calculation; grounds for calculation - an amount calculated by multiplying an amount calculated by multiplying an amount calculated by multiplying the standard market value of a building by the size of a violation by 50/100, 146,00 square meters, 26.58m2/100 x x 50/100 x 50/100 x 970, 170, 146, 000 x 8.1m20 x 50/10 x 50/10 x 29,2506

C. On May 31, 2016, the Plaintiff failed to comply with the instant corrective order within the said period, and the Defendant urged the Plaintiff to impose a non-performance penalty as follows:

(Evidence A No. 10). For this, the Plaintiff’s “a wood toilet” to the Defendant on June 15, 2016.

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