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(영문) 수원지방법원 2019.12.19 2019구합68467
이행강제금부과처분취소
Text

1. The Defendant’s imposition of KRW 4,689,00,000 against the Plaintiff on May 13, 2019, is KRW 789,250.

Reasons

1. Details of the disposition;

A. A house indicated in the attached list (hereinafter “instant house”) is an apartment building, which is an aggregate building, comprised of seven households with the first floor B (49.04 square meters), the second floor C (98.96 square meters in exclusive use area), the third floor D (29.14 square meters in exclusive use area), the third floor E (29.42 square meters in exclusive use area), the fourth floor F of the fourth floor (29.14 square meters in exclusive use area), the fourth floor G heading (29.42 square meters in exclusive use area), and the fifth floor H heading (77 square meters in exclusive use area). The Plaintiff owns its entire ownership.

B. The Plaintiff, without permission in 2018, set up a boundary wall, entrance, etc. on the 5th floor of the instant housing and divided the households.

On January 21, 2019, the Defendant issued a corrective order ordering the Plaintiff to restore to its original state. On March 18, 2019 and April 22, 2019, the Defendant urged the Plaintiff to make a second correction. However, on May 13, 2019, the Defendant imposed KRW 4,689,000 on the Plaintiff on the ground that the Plaintiff violated Article 11 of the Building Act, thereby failing to comply with the second demand.

The instant disposition is calculated on the basis of the standard market price of the total floor area (457.53 square meters) of the entire building as well as Hho Lake.

(hereinafter referred to as the "disposition in this case"). 【No dispute exists on the ground of recognition, Gap evidence 1 through 4, Eul evidence 1 through 6 (including additional numbers), the purport of the whole pleadings.

2. The Plaintiff’s large-scale repair act is limited to H, which is a part of the instant housing that is an aggregate building, and the fifth floor is not only the object of sectional ownership, but also the object of sectional ownership, which is separate from the remaining parts of the building, and is also treated separately in terms of recording in the public book or imposing taxes. Therefore, the enforcement fine should be calculated based on

3. Determination on the legality of the disposition

A. In the case of a large-scale repair without permission among violations of the Building Act, Article 80(1)2 of the Building Act concerning the calculation of charges for compelling compliance is 10/100 of the amount equivalent to the standard market price applicable to the building in accordance with the Local Tax Act.

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