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(영문) 부산지방법원 2020.07.02 2020구합283
이행강제금부과처분감경
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. The Defendant discovered the following illegal extension of a building located in Busan-gu B (hereinafter “instant building”) owned by the Plaintiff.

C

B. On June 4, 2018, the Defendant issued the first voluntary removal and order to correct the instant building to the Plaintiff. On July 10, 2018, the Defendant issued the second corrective order and order to correct the building.

C. Upon the Plaintiff’s failure to comply with the corrective order, the Defendant imposed a total of KRW 3,181,000 on the instant building on the Plaintiff on September 10, 2018.

Since the violation was not corrected even after it was not corrected, on October 28, 2019, the Defendant issued a corrective order and a warning order to the Plaintiff, and on December 11, 2019, imposed a total of KRW 3,174,000 on the instant building.

(hereinafter “instant disposition”) e.

The Plaintiff appealed and filed an administrative appeal on December 19, 2019, but was dismissed on January 21, 2020.

[Reasons for Recognition] Unsatisfy, entry of Eul 1 to 4 evidence (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the portion of illegal extension of the instant building was made by D, a former owner, around July 2017, before the Plaintiff purchased the said building, and the Plaintiff purchased the said building without knowing that it was illegal extension.

Considering these circumstances, the instant disposition ought to be mitigated inasmuch as the Plaintiff’s ground for mitigation under Article 80-2(1)2 of the Building Act and Article 115-4(1)1 and 2 of the Enforcement Decree of the same Act constitutes grounds for mitigation.

(b) Entry in the attached Form of relevant statutes;

(c)Article 79(1) and Article 80(1) of the Building Act provides that the permission-granting authority shall cancel the permission or approval under this Act for a site or a building in violation of this Act or an order or a disposition under this Act, or cancel the permission or approval under this Act.

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