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(영문) 수원지방법원 2015.11.25 2011구합11861
건축법위반이행강제금부과처분무효확인청구등
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s enforcement fine against the Plaintiff on December 3, 2010 325,104.

Reasons

1. Details of the disposition;

A. The developments leading up to the acquisition of the building of this case and the use of the building of this case, etc. 1) Seoul brightness Credit Union is currently designated as a general social welfare center in accordance with the Class I district unit planning of Sungnam-si, Sungnam-si, the 2nd underground floor around 1999 and the 5nd ground floor of the building of this case (hereinafter “the building of this case”).

(2) After the construction of the general building, the primary use on the general building ledger is a social welfare facility (which is a facility for the elderly and children).

6.3. That approval for use has been obtained, and that year;

8. 18. The main purpose of the instant building was indicated and corrected as educational research and welfare facilities, and leased it to the Plaintiff, etc.

2) After that, the Seoul brightness Credit Union had defaulted on June 200 and completed the registration of ownership transfer on the instant building under its name on April 26, 2001. 3) The detailed purpose of use of the instant building under the general building ledger is the parking lot, machine room, the second underground floor is the swimming pool, the bath, the water treatment room, the first floor is the welfare space, the assembly room, the office, the second floor is the welfare room, the elderly, the care center for the disabled, the disabled, and the 3 to 5th floor is the water tank room.

4) The Plaintiff used the instant building as a lecture room, laboratory, etc. used by the students of the Vehicle Science University after or at least after the lease of the building or at least after the successful bid. In detail, the first underground floor was a restaurant and laboratory, the first and second floors above ground, and the third and fifth floors above ground were used as a dormitory. (B) On September 29, 2010, the Defendant issued a corrective order against the Plaintiff pursuant to Article 79 of the Building Act, on the ground that the Plaintiff violated Article 19 of the Building Act by using the first and fifth floors below the instant building as a different purpose from that on the building ledger.

2 The defendant did not comply with the above corrective order, and on December 3, 2010.

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