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(영문) 수원지방법원 2018.04.06 2017구단8488
건축이행강제금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. (i) On December 20, 2001, the Plaintiff acquired ownership by winning a successful bid for reinforced concrete 301m2, No. 397.49m2 (hereinafter “instant 301m2”) of C building No. 301 on the third floor located in Sungnam-gu, Sungnam-si B.

The instant 301 is used as the collective building ledger for the purpose of “ neighborhood living facilities (large restaurants)”.

D On December 20, 2001, the third floor of the C building No. 302 of the C building No. 302 of the Sungnam-si, Sungnam-si (hereinafter “instant 302”) was awarded a successful bid by auction and acquired ownership.

The instant 302 is the purpose of collective building ledger as “sports facilities”.

around October 2002, the Plaintiff and D joined the instant 301 and the instant 302, thereby opening and operating the “E Announcement Board”, and leased it to F around 2013.

B. On November 16, 2016, the Defendant issued a corrective order to reinstate the Plaintiff to its original state by December 16, 2016, stating the following violation (a change of use without permission) pursuant to Article 79(1) of the Building Act, on the ground that the Defendant violated the obligation to change the use of the accommodation (public notice source) of neighborhood living facilities of 3 stories (Eel), 397.4 square meters for the purpose of use permitted by the location owner (manager).

Before imposing the instant enforcement fine on the Plaintiff, the Defendant issued a corrective order regarding subparagraph 301 of this case, following the corrective order issued on June 19, 2013, issued a disposition imposing KRW 24,423,00 for enforcement fine as KRW 27,423,00 for enforcement fine as of February 27, 2014; and issued a disposition imposing enforcement fine as of KRW 22,837,00 for enforcement fine as of November 16, 2016, following the corrective order issued on January 28, 2016.

(No. 8-1 through 6, No. 13). The Defendant urged the Plaintiff to implement the corrective order by December 16, 2016.

Applicant, the defendant, on April 12, 2017, based on Article 80(3) of the Building Act against the plaintiff, 20,585,000 won = standard market price per square meter x 518,00 won.

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