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(영문) 의정부지방법원 2019.12.23 2019구단6688
건축이행강제금부과처분취소
Text

1. The imposition of enforcement fines of KRW 7,427,50 against the Plaintiffs on July 16, 2019 is revoked.

2...

Reasons

1. Details of disposition;

A. The Plaintiffs purchased a 6-story building on the 554m2 above ground (hereinafter “instant building”) at the Government of Dong-si, and completed the registration of ownership transfer on November 13, 2001.

B. On June 3, 2014, the Plaintiffs leased to D (title: E) three-story singing rooms among the instant buildings, and the Plaintiffs’ names.

6. 20. A written application for permission to change part of the instant building into a parking lot of 28.56 square meters, which is part of a part among the one-story living facilities (cafeterias) on the ground among the instant building, and to change the use of part of 9.09 square meters among the three-story above ground into an entertainment tavern (hereinafter “instant application for permission”).

7.4. Permitted:

7. 31. Approval of Use.

C. According to the entry of the building management ledger, the first floor of the instant building is originally composed of 255.96 square meters of reinforced concrete structure and 227.91 square meters of restaurants and 28.05 square meters of parking lots. B.

Pursuant to paragraph 1, a restaurant 199.35 square meters (i.e., 227.91 square meters-28.56 square meters in the previous place) and a parking lot 56.61 square meters (i.e., KRW 28.05 square meters in the previous place) (i.e., KRW 28.8.56 square meters in the changed parking lot + the entire area of 28.56 square meters in the instant case; and (ii) the relevant part was changed into “the instant indoor two pages

On July 9, 2018, upon receipt of notification from the Defendant on the occurrence of a building violation, the Plaintiffs came to know that part of the first floor restaurant was changed to the parking lot on the drawing, and the Plaintiffs filed a complaint with the Plaintiff B, who forged and exercised documents relating to the change of use on the drawing around December 2018, and received contact from the police that he sent the same to F as the prosecution opinion for the crime of forging and uttering private documents.

E. From among the nine pages of the attached parking lot, the plaintiffs use the indoor 2 pages of this case as a restaurant for the previous purpose of use without using it for the changed purpose, and the time of the violation was specified on or around 2010 by using it for the purpose other than the annexed parking lot. The defendant notified the plaintiffs of the corrective order on January 31, 201, and the defendant notified the correction order on February 2. 3.

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