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(영문) 수원지방법원 2018.11.20 2018나55920
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance, invoked by the main text of Article 420 of the Civil Procedure Act, is the same as that of the judgment of the court of first instance, except for the following supplementary judgments.

2. Supplementary judgment

A. The legislative purpose of the enforcement fine system is to improve the safety, function, and aesthetic view of a building by continuously imposing an administrative order until implementation of the corrective order in order to ensure the effectiveness of the administrative order in a case where the owner, etc. fails to comply with the order even though the administrative agency ordered the corrective measures to prevent the owner, etc. from leaving the building in violation. The administrative agency may issue a corrective order against the order even if the owner, etc. of the building in violation

(See Supreme Court Decision 2011Du27919 Decided March 29, 2012, etc.). B.

Sanction against violation of administrative laws is a sanction against the objective fact of violation of administrative laws in order to achieve the administrative purpose, and thus, it does not require the offender’s intentional negligence. However, it does not require that a sanction may be imposed even if there is a justifiable reason not to cause any negligence on the part of the offender.

(See Supreme Court Decisions 98Du5972 Decided May 26, 200, 2002Du5177 Decided September 2, 2003; 2010Du6700 Decided December 24, 2014, etc.).

However, a non-performance penalty prescribed in Article 80 of the Building Act is imposed when a “project owner, etc.” subject to a corrective order pursuant to Article 79(1) of the same Act fails to comply with the corrective order. Article 79(1) of the Building Act provides that a corrective order may be issued to a project owner, contractor, field manager, owner, manager, or occupant of a building in violation of the Building Act (the Building Act refers to a “project owner, etc.” in both cases).

The Plaintiff owned the instant building and transferred its ownership to C, and C at the time of the Defendant’s corrective order.

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