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(영문) 서울행정법원 2016.11.25 2016구단59105
기타이행강제금부과처분취소
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 August 18, 2015, the Defendant issued a corrective order to voluntarily restore the Plaintiff, by September 20, 2015, two buildings owned by the Plaintiff to the Seoul Special Metropolitan City, Nowon-gu (hereinafter “instant building”) were discovered as illegal buildings constructed without obtaining permission within a development restriction zone.

When the plaintiff did not correct the violation, the defendant did not correct the violation.

9. On October 13, 2015, the Plaintiff issued a corrective order to voluntarily restore the Plaintiff to its original state.

360,000 won in total of 180,000 won in an illegal building construction of 180,000 won in 200,000 under construction of illegal buildings for the time when the use of the content area (land size) structure is discovered, for a non-performance penalty to be discovered.

B. As the Plaintiff did not continuously correct the violation, on November 13, 2015, the Defendant imposed a disposition imposing a non-performance penalty (hereinafter “instant disposition”) on the Plaintiff as follows.

[Reasons for Recognition] Evidence A(including paper numbers), Eul 2, 5, 8,

9. Each entry of 10 evidence and the purport of the whole pleadings;

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Defendant’s imposition of enforcement fines after 15 years from 200 to 2000 on which the Defendant discovered the instant building is illegal for the lapse of the exclusion period. 2) The construction of the instant building is an insignificant act that can be conducted without permission or reporting under Article 12(4) of the Development Restriction Zone Act [Attachment 4].

2. (e);

1) The instant disposition based on a different premise is unlawful as it falls under the instant disposition.

B. Determination 1 as to the exclusion period and argument does not exist any provision regarding the exclusion period of enforcement fines under the Act on the Protection of Restricted Areas. Moreover, enforcement fines are one of administrative compulsory execution means, if the obligation is not performed by a certain time limit.

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