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(영문) 서울행정법원 2020.06.04 2019구단72390
과징금부과처분취소
Text

1. The Defendant’s imposition of KRW 23,743,00 for the enforcement fine imposed on the Plaintiff on February 13, 2019 shall be revoked.

2...

Reasons

1. Details of the disposition;

A. On February 2018, the Plaintiff newly built the 4th floor and the 1st underground floor (hereinafter “instant building”) on the Gangnam-gu Seoul-gu ground.

B. On October 29, 2018, the Defendant notified the Plaintiff of the following contents with the title “pre-announcement of corrective orders and guidance on presentation of opinions on the violating building”:

This case's building is confirmed to have been constructed in violation of Article 14 of the Building Act and is scheduled to issue a corrective order in accordance with Article 79 of the Building Act.

Accordingly, Article 21 (Advance Notice of Disposition) and Article 22 (Listening to Opinions) of the Administrative Procedures Act provide an opportunity to state opinions before the corrective order is issued, and if there is an opinion within the due date, the submission shall be made.

The deadline for submitting the opinions on the residential 5th five stories (sales H) of the prefabricated Panel-Type 7.0 of the prefabricated-Type 7.0 of the non-compliant building (hereinafter referred to as the "violation of this case"): The prefabricated-type panel 17.5th residential 3th residential 3th residential 5th residential 5th residential 5th residential 5th residential 7.0(sales H) of the prefabricated-type panel 7.0th residential 7.0th residential 6th residential 7.0th residential 5th residential 5th residential 5th residential 5th residential 5th residential 7.0(residential 5th residential H) residential 2018.11st residential 2018.2nd residential 2010 residential 20th residential 28th residential 28th administrative 2010 residential marcing to provide legitimate explanation, such as the rectification of the non-violation building (laping, removal, permission for construction, etc.).

D. The Plaintiff did not comply with the corrective procedure. On January 4, 2019, the Defendant did not make a correction against the Plaintiff, notwithstanding the instant corrective order.

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