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(영문) 수원지방법원 2012.11.22 2012구합4280
이행강제금부과처분취소청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts under the circumstances of the disposition are either in dispute between the parties or in the entries in Gap evidence 1 to 6, Eul evidence 1, 2, and 4 (including additional numbers), with a comprehensive view to the whole purport of the pleadings. A.

On July 9, 2010, the Plaintiff obtained the approval of the housing construction project plan (revision) that constructs and sells multi-family housing in the incheon-ri 594 at the time of the movement of the wife population from the Yongsan-si market (hereinafter “instant joint housing construction project”), and on March 15, 201, the Plaintiff obtained permission for a land transaction contract from the Defendant for each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) and completed the registration of ownership transfer for each of the instant lands around that time.

B. According to the land use plan submitted by the Plaintiff at the time of permission for the said land transaction contract (hereinafter “instant land use plan”), the purpose of use is “construction of apartment and auxiliary and welfare facilities”, “the scheduled commencement date” and “the scheduled completion date”.

C. On July 8, 201, the scheduled date of commencement according to the instant land use plan, the Defendant held that the Plaintiff did not use each of the instant land for the permitted purpose as a result of conducting a field investigation on the actual use of each of the instant land on July 8, 201. On August 8, 2011, the Defendant ordered the Plaintiff to use each of the instant land for the permitted purpose by setting the implementation period from August 10, 201 to November 9 of the same year (hereinafter “instant implementation order”).

Accordingly, on October 24, 2011, the Plaintiff is normally performing land use obligations in line with the schedule for the first half of the year 2012, including the Plaintiff’s implementation of the instant project, such as detailed work in the design drawing, internal finishing work, consultation on the determination of finishing materials, financing of construction cost, consultation on construction with construction enterprises, appraisal price calculation, review on the sales price calculation, and survey on the model voucher site.

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