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(영문) 대전지방법원 2015.10.08 2015구합102001
건축이행강제금부과처분취소
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. Under the Framework Act on Railroad Industry Development, the Plaintiff, a construction and management business, etc. of railroad facilities under the Framework Act on Railroad Industry Development, as part of the construction project for the extension of the two-stage large-speed railroads from the 1-1 unit of the Dong-gu, Daejeon Metropolitan City (hereinafter “instant project”), the Plaintiff, as a part of the construction project for the extension of the two-stage large-speed railroads from the 1-1 unit of the Dong-dong, Dong-gu, Daejeon Metropolitan City (hereinafter “instant project”), was to construct pedestrian facilities and on-board parking lots (hereinafter “instant building”).

B. However, on February 4, 2015, the Defendant sent a public notice to the Plaintiff, stating that “In the case of violations constructed without obtaining permission under Article 11 (Building Permission) of the Building Act with respect to the on-board parking lot under construction related to the instant business, the Defendant would have attempted to correct it by April 3, 2015, and subsequently, following the prior notice procedure on the imposition of enforcement fines, the Defendant imposed enforcement fines pursuant to Article 80 (Removal, etc.) of the Building Act on April 14, 2015, on the charge of compelling execution (hereinafter “instant disposition”).

C. On March 27, 2015, the Minister of Land, Infrastructure and Transport approved the implementation plan of the instant project (hereinafter “approval of the instant implementation plan”).

[Ground of recognition] Facts without dispute, Gap evidence 6-1, Gap evidence 6-2, Gap evidence 7, 8, 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The basic purpose of the Plaintiff’s assertion 1 is a pedestrian facility or platform located on the railroad’s track site, which can be constructed without obtaining a building permit under Article 3 of the Building Act. Therefore, the instant building is subject to a building permit.

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