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(영문) 서울행정법원 2019.01.22 2018구단7177
건축이행강제금부과처분 무효 확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Details of the disposition;

A. On July 12, 2001, the Plaintiff’s ASEAN and the Appointor (the Plaintiff’s spouse) completed the registration of ownership transfer with respect to 1/2 shares among the building on the ground of Gwanak-gu Seoul Special Metropolitan City D (hereinafter “instant building”). The Plaintiff completed the registration of ownership transfer with respect to 1/2 shares on August 7, 2015.

B. The instant building consisting of one story (67.84 square meters), two stories on the ground (62.04 square meters on the first story and 48.14 square meters on the second story), one story on the rooftop (8.4 square meters) and one story on the roof tower (8.4 square meters on July 16, 1996, upon obtaining a construction permit on December 11, 1997, and the registration of preservation of ownership was completed on April 16, 1998.

C. On February 5, 2014, the Defendant issued a corrective order under Article 79 of the Building Act, on the second floor of the instant building, on the ground that the multi-use room of the multi-use room of the panel/new structure was extended to 10 square meters without filing a report under Article 14 of the Building Act. C and the selector corrected the illegality of the multi-use room on March 4, 2014.

However, thereafter, C and the selector re-explosive the multi-use room of the panel/ iron pipe structure (hereinafter “multi-use room of this case”) without reporting under Article 14 of the Building Act, by installing columns on the second floor of the instant building.

On the other hand, the second floor outer wall of the building of this case is installed with two square meters of a light-weight framed structure without reporting under Article 14 of the Building Act (hereinafter “instant stairs”).

E. On August 12, 2014, and October 13, 2014, the Defendant issued a corrective order under Article 79 of the Building Act with respect to the multi-use rooms and stairs extended without permission to C and the designated parties, by erroneously specifying the area of the instant stairs as three square meters, and issued a corrective order under Article 79 of the same Act with respect to the multi-use rooms and stairs, which were extended without permission, and on December 12, 2014, the Defendant issued a corrective order with respect to C and the designated parties on December 12, 2014 following the pre-announcement of the charge for compelling performance, and imposed a non-performance penalty of KRW 178,00 for multi-use rooms, KRW 139,00 for stairs, and KRW 317,00 for each of them (hereinafter “previous disposition”).

F. C and the appointed parties shall be the Seoul Administrative Court on January 14, 2015.

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