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(영문) 서울행정법원 2019.01.18 2018구합70912
시정명령취소
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. On December 27, 2012, the Plaintiff acquired ownership by winning the Jongno-gu Seoul Metropolitan Government Land B (hereinafter “instant land”) and its ground (hereinafter “previous Building”) in the voluntary auction procedure.

B. On the general building ledger and a certified copy of the register, the single-story and branch roof housing (the total floor area shall be 42.98 square meters) made up of the instant land is constructed on the instant land.

C. On July 2017, the Plaintiff: (a) obtained a building permit under Article 11 of the Building Act from the Defendant; or (b) removed the previous building without filing a building report under Article 14 of the same Act; (c) and (d) undertaken construction works to construct a wooden house exceeding the previous building size on the instant land.

On September 14, 2017, the Defendant issued a corrective order ordering the Plaintiff to suspend construction on the instant land and voluntarily correct the violation (location of the violation: the entire building and the size of the violation: 102.3 square meters) on the ground that the alteration was carried out without permission.

The plaintiff voluntarily removed part of the building under remodeling without permission and resumed the construction.

Accordingly, on November 21, 2017, the Defendant issued a corrective order ordering the Plaintiff to voluntarily correct the violation (the entire location of the building, the area of the violation: 91.28 square meters) concerning the extension of the area without permission by December 28, 2017, by measuring the area of the violation again, and notified the Plaintiff of the scheduled imposition of KRW 23,002,560 in the event of non-performance of the order.

E. On April 11, 2018, the Plaintiff did not correct the violation regarding the unauthorized Capital Increase by the said deadline, and the Defendant imposed a non-performance penalty of KRW 23,002,560 on the Plaintiff.

(B) On June 25, 2018, the Defendant issued a disposition imposing a non-performance penalty (hereinafter “instant disposition”). Thereafter, on the instant land in violation of Article 11 or 14 of the Building Act, the Defendant did not extend the said non-performance penalty to the Plaintiff without permission.

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