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(영문) 서울행정법원 2017.09.12 2017구단10558
주차장법위반 이행강제금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On July 29, 2011, the Plaintiff acquired a neighborhood living facility and a multi-household house (hereinafter “instant building”) located in Mapo-gu Seoul Metropolitan Government, Mapo-gu, and operates a “C cafeteria” on the first floor of the said building (hereinafter “instant cafeteria”).

The Defendant imposed KRW 39,04,600 on December 30, 2016, pursuant to Article 32 of the Parking Lot Act, on the ground that the Plaintiff violated the Parking Lot Act by changing the use of an attached parking lot [the instant parking lot] in the attached parking lot of the instant building [the attached Form 1 (2), 3 pages of the outdoor parking lot (hereinafter referred to as “instant parking lot”) in the current status of the instant building, and 3 pages of the outdoor parking lot (hereinafter referred to as “in the current status of the attached building”).

(2) The Plaintiff’s assertion as to the legitimacy of the disposition of this case is that at least one vehicle can park on the right side of the building of this case. Therefore, the disposition of this case, which changed the use of the outdoor parking lot of this case without permission, is unlawful as it misleads the facts, and it is unlawful. 2) The present condition of the building of this case before the Plaintiff acquires the building of this case is the same as at the time of the disposition of this case. However, there is no time for the Plaintiff to park at least one vehicle on the right side of the building of this case, and there is no sufficient space for the Plaintiff to park at least one vehicle on the front side of the public parking lot of this case and pay parking expenses to customers visiting the restaurant of this case.

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