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(영문) 창원지방법원 2016.01.26 2015구합323 (1)
이행강제금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On December 26, 2011, the Plaintiff, the representative of B farming association, received subsidies of KRW 30,000 from the Defendant for a village enterprise promotion project (the second; hereinafter “instant project”) in 2010, and extended the second class neighborhood living facilities (general restaurants) and the second class neighborhood living facilities (general restaurants) to 12,00 square meters on the ground of Gyeongnam-Gun C where detached houses, etc. were constructed (hereinafter “instant storage facilities”).

B. After that, around November 2013, the Plaintiff extended one 4 square meters of a warehouse attached to a light framed structure (hereinafter “instant annexed warehouse”) on the said C’s ground, and one dong (hereinafter “instant restaurant”) with the first class neighborhood living facilities of the light framed structure (a resting restaurant) around April 2014, around 2014.

C. Meanwhile, around March 18, 2013, the Defendant confirmed that the instant storage area was extended without permission through the field business trip of the public official in charge, and notified the Plaintiff of the removal, etc. of the instant subsidiary warehouse and the instant restaurant on March 21, 2014, with the purport that “the instant storage area was extended without permission due to a violation of Article 14 of the Building Act, since it was a building that was extended without permission, in violation of Article 14 of the Building Act, the removal, reconstruction, etc. by April 21, 2014,” and the correction promotion measures as of May 2, 2014. After the business trip of the public official in charge, the Defendant confirmed that the instant subsidiary warehouse and the instant restaurant were extended without permission, and notified the Plaintiff of the removal, etc. of each of the said buildings.

Then, on August 7, 2014, the Defendant requested correction of the same content as the correction promotion district as the Plaintiff on May 2, 2014. On August 31, 2014, a public official in charge of the field trip, confirmed that the Plaintiff failed to comply with the corrective order as a result of the Plaintiff’s on-site trip around August 31, 2014, which was the expiration date of the correction period, and notified the Plaintiff of the storage of the instant case and the removal of the instant annexed warehouse and the instant restaurant (hereinafter collectively referred to as the “instant structure”). However, on October 1, 2014, the Defendant notified the Plaintiff of the removal of the instant

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