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(영문) 서울행정법원 2019.09.05 2019구단52310
건축이행강제금부과처분취소
Text

1. On October 29, 2018, the Plaintiff sought revocation of the claim of this case’s complaint.

Reasons

1. Details of the disposition;

A. The Plaintiff is registered in the title section of the Seoul Jongno-gu Seoul Metropolitan Government B large 140.8 square meters (hereinafter “B”) and the copy of the register of the above-ground building as “37.45 square meters in a single-story house and an extract 37.45 square meters in a single-story house, an affiliated mentmen’ book, an affiliated mentmen’s book, and an extract 47.60 square meters in a second-story factory and 46.9

(hereinafter “B building”) and the owner of the said C large 90.6 square meters (hereinafter “C land”)

(The above real estate was owned by several individual owners, but on November 30, 2017, the registration of ownership transfer was completed to the Plaintiff on the same day as the trust was held).

According to Article 14(1)5 of the Building Act and Article 11(3)1 of the Enforcement Decree of the Building Act, the Defendant, through a field investigation around March 2018, on the land owned by the Plaintiff, shall be deemed to have obtained a building permit in the case of “a building, the total floor area of which does not exceed 100 square meters.”

On June 22, 2018, the Plaintiff issued a corrective order to confirm the existence of a building without permission (hereinafter referred to as “instant building”) and to voluntarily correct (e.g., removal, ratification, etc.) matters violating the Building Act with respect to the instant building by July 31, 2018.

The area of violation of the purpose of structural use, such as the owner of the site where the violating building is located, shall be 69.58 square meters for the first floor board and neighborhood living facilities of the plaintiff Jongno-gu Seoul Metropolitan Government without permission.

C. The Defendant did not voluntarily correct the violation of the Building Act regarding the instant building within the corrective period stipulated in the above corrective order. On August 21, 2018, the Defendant issued an order again to the Plaintiff to voluntarily correct the violation of the Building Act by October 12, 2018, and notified the Plaintiff of the corrective order and the imposition of a non-performance penalty to the effect that the non-performance of the order will impose KRW 17,022,740 for the non-performance of the order.

The defendant is the plaintiff's re-order and correction order as above.

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