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(영문) 수원지방법원 2018.12.11 2018구합68804
이행강제금 부과처분 무효확인
Text

1. On July 24, 2017, the Defendant imposed KRW 7,422,00 on the Plaintiff a charge for compelling compliance, as KRW 27,785,00.

Reasons

1. Details of the disposition;

A. The Plaintiff is the owner of a 4-story reinforced concrete structure in Seongbuk-gu, Sungnam-gu, Sungnam-si, a reinforced concrete sloping roof, and a detached house (which obtained approval for use on May 10, 2012; hereinafter “instant house”).

B. On November 21, 2012, the instant house was registered as a non-compliant building due to a large-scale repair violation of 136.6 square meters on a 2nd floor (two households per household), and a large-scale repair violation of 136.6 square meters on a 3rd floor (two households per household), and the Defendant issued a corrective order on such violation in 2012, issued a corrective order on July 24, 2017, and issued a disposition to order the Plaintiff to pay a non-performance penalty of 27,785,000 won pursuant to Article 80 of the Building Act.

(hereinafter “instant disposition”). C.

The building details of the building register of this case are written into a reinforced concrete structure sloping roof, a reinforced concrete structure sloping roof, and the current status of the building register is written into a second floor multi-family house (2 households), a third floor multi-family house (1 household), and a fourth floor multi-family house (1 household).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is an error of law that does not apply 0.25 to the calculation ratio of large-scale repair of a building built of reinforced concrete according to the standard for the adjustment of the current base value of the building in 2017, which was enacted pursuant to Article 80(1)2 of the Building Act, Article 4(2) of the Local Tax Act, Article 4(1)1 of the Enforcement Decree of the Local Tax Act, and its delegation. The above defect is significant

Since enforcement fines calculated by the above adjustment criteria are KRW 7,422,00,000, the part exceeding the above amount is null and void.

(b) as shown in the attached Form of the relevant statutes;

C. According to Article 80(1)2 of the Building Act regarding the determination of defects, a building constructed in excess of the building-to-land ratio or the floor area ratio, or without obtaining permission or filing a report.

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