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(영문) 인천지방법원 2017.05.18 2016구합53221
대수선신고서 수리 외
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 June 10, 201, the Plaintiff and his wife C were awarded a successful bid in the auction procedure for D’s voluntary real estate (hereinafter “instant land”) located in Bupyeong-gu, Seocheon-gu, Seocheon-gu, Incheon District Court (hereinafter “Seoul”) and on its ground, the store and the house (it is registered in the building ledger) of 39.67 square meters, 300 square meters of the store and the house (it is registered in the building ledger), 44.225 square meters of the non-Presentation building (it is not registered in the building ledger, part of the house, boiler room, and building ledger).

B. The Defendant, according to civil petitions filed by an illegal construction exceeding the area of the instant land regarding the instant building, conducted on August 7, 2012, following an on-site inspection of confirmation of the instant building.

9. 14. The Plaintiff and C issued a corrective order to suspend construction works and voluntarily remove the instant building on the ground of illegal expansion, remodeling, and substantial repair of the instant building.

C. However, the construction was completed without complying with the foregoing corrective matters. The Defendant imposed KRW 17,213,000 for enforcement fine on the non-compliant area of 92.3 square meters on February 12, 2013, and KRW 17,075,00 for enforcement fine on the non-compliant area of 92.3 square meters on September 18, 2014, pursuant to Article 80 of the Building Act, following the pre-announcement of imposition of enforcement fine and promotion of correction, prior notice of disposition, and procedures for submitting opinions regarding the violation of the instant building (the same as the violation).

The Plaintiff removed part of the instant building, but the Defendant imposed KRW 4,705,000 on October 26, 2015, which is a part of the remaining area of 52.725 square meters, on the charge for compelling compliance. On May 31, 2016, the period for the second correction was July 8, 2016, imposing KRW 4,534,000 on the charge for compelling the imposition and correction of the charge for compelling compliance on July 8, 2016.

(hereinafter referred to as “disposition imposing enforcement fines of this case” on July 8, 2016.

On the other hand, the Plaintiff repaired one roof trusses on May 26, 2016.

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