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(영문) 서울고등법원 2020.12.03 2020누58054
이행강제금 부과처분 무효확인등
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 cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal of the corresponding part of the judgment of the court of first instance as follows. Thus, it is accepted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence

[Attachment] 4 【Judgment.....’ as follows.

Article 30(1)1 of the Development Restriction Zone Act provides that where the head of a Si/Gun/Gu has constructed a building, altered the purpose of use of a building, installed a structure, changed the form and quality of land, divided land, stockpiled articles, cut down bamboo and trees, or performed an urban/Gun planning project without obtaining permission under the proviso to Article 12(1) or Article 13, his/her permission may be revoked for the relevant offender (including the owner, manager, or occupant of a building, structure, or land used for the relevant offense; hereinafter referred to as "offender, etc.") and may order the suspension of construction, the removal, closure, remodeling, or removal of a building, structure, etc. within a reasonable period of time, or other necessary measures.

Article 30 of the former Act on Special Measures for Designation and Management of Areas of Restricted Development (amended by Act No. 9436 of Feb. 6, 2009) provides that where a person who has obtained permission or has reported pursuant to the proviso to Article 12 (1) or Article 12 (2) or Article 13 constructs a building, changes the purpose of use of a building, installs a structure, changes in the form and quality of land, divides land, stores articles, thins bamboo and trees, or implements an urban planning project in violation of the proviso to Article 12 (1) or Article 13, the former Act may cancel the permission or order the person to suspend the construction, rebuild or relocate a building, structure, etc., or to take other measures, but the person has been used as a violation of the amendment to the Act on February 6, 2009.

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