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(영문) 제주지방법원 2014.09.03 2013구합295
이행강제금부과처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On July 2010, the Plaintiff constructed a total of 65.8 square meters of container structure (hereinafter “instant building”) on the land owned in B No. 3 in the land owned in the 2010 square meters of the building at the time of the 2010 square meters.

B. On August 23, 2011, in order to construct a building with a total floor area of less than 100 square meters, the Defendant filed a report with the pertinent administrative agency, despite the fact that the Plaintiff constructed the building of this case without filing a report with the Jeju Mayor, given a prior notice of the correction order, etc. by mail on the ground that the Plaintiff constructed the building of this case without filing a report with the Jeju Mayor, but

C. On December 31, 2011, the Plaintiff directly visited the Jeju Building Civil Service Division. At the time, the Defendant’s staff-in-charge attempted to issue a corrective order issued on December 9, 201 to the Plaintiff to voluntarily remove the instant building until January 8, 2012, but the Plaintiff refused to receive the order.

On June 22, 2012, the Defendant issued a corrective order to voluntarily remove the instant building by July 21, 2012, and notified the Plaintiff to take measures, such as the imposition of charges for compelling compliance and criminal charges, pursuant to Article 80 of the Building Act, if the instant building is not voluntarily removed within the said period.

E. On August 22, 2012, the Defendant filed an accusation against the Plaintiff with the Jeju East Police Station (hereinafter “instant disposition”). On August 23, 2012, the Defendant issued a disposition imposing KRW 3,725,590 on the Plaintiff for compelling the performance (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 8, Eul evidence 1 to 4 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the lawsuit in this case is lawful

A. Except as otherwise provided in the proviso of Article 20(1) of the Administrative Litigation Act, a litigation seeking cancellation of an administrative disposition shall be instituted within 90 days from the date on which the existence of the cause for such cancellation, etc. is known (main sentence of Article 20(1) of the Administrative Litigation Act), and whether the period for filing

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