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(영문) 창원지방법원 2014.10.31 2014구합1305
기타이행강제금부과처분취소
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Details of the disposition;

A. On July 22, 2011, the Defendant confirmed that the Plaintiff, on the rooftop of the said building, illegally extended the 19.2 square meters of container facilities and 30 square meters of a wooden structure (a wooden structure, which was understood as a reinforced concrete structure at the time of initial detection, but was corrected thereafter; hereinafter collectively referred to as the “instant violating building”) of a Class II neighborhood living facility (a religious assembly site) to use the said building for the purpose of its use.

B. On July 22, 2011 and August 1, 2011, the Defendant ordered the Plaintiff to restore the building in violation of this case to its original state or to take measures to comply with the law and regulations, and provided corrective instruction and corrective promotions.

However, on October 4, 201, the Plaintiff failed to perform this, and the Defendant ordered the Plaintiff to impose and collect KRW 10,479,000 for enforcement fines.

C. On November 3, 2011, the Plaintiff submitted a written opinion to the Defendant to the effect that the imposition and collection of the enforcement fine is unreasonable, since the instant violating building actually existed from around 1995.

Accordingly, as a result of the Aviation Survey on November 15, 201, the Defendant confirmed that the 19.2 square meters of container facilities among the instant violating buildings had been illegally extended between September 1998 and February 199, and that the 30 square meters of a wooden structure (a wooden structure) building had been illegally extended from December 1, 1999 to December 2, 200, respectively, and that the enforcement fine was KRW 7,575,000.

On December 19, 2011, the Defendant issued a notice of imposition of KRW 7,575,00 to the Plaintiff, but on the same day, prepared the notice of payment and sent it to C in the name of the payer C.

E. C filed a lawsuit seeking the revocation of the notice of imposition of enforcement fines by this Court 2012Guhap858 on March 19, 2012.

However, the Defendant, on August 9, 2012, had been pending the lawsuit, reduced the enforcement fine of KRW 7,575,000 on the ground of a taxpayer’s mistake, and C voluntarily withdrawn the lawsuit on January 23, 2013.

F. Thereafter, the Defendant on January 29, 2013.

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