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(영문) 서울행정법원 2019.11.06 2019구단11371
건축이행강제금 부과처분 무효확인
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is one of the co-owners of the instant land, who acquired co-ownership shares of 2,800/15,174 out of the instant land on October 24, 2003 on the ground of donation with respect to 1,561 square meters of land B in Yangcheon-gu Seoul (hereinafter “instant land”).

B. The Defendant issued the first corrective order to voluntarily correct the instant workplace and warehouse by July 5, 2012, on the ground that: (a) the sales panel, steel farm structure workplace (hereinafter “instant workplace”) and 18 square meters in a container structure warehouse (hereinafter “instant warehouse”) constructed on the instant land, based on the result of the aerial photography reading and field surveys; and (b) the building did not obtain permission or file a report; and (c) the Defendant issued the first corrective order to the Plaintiff by July 10, 2012, ordering the Plaintiff to voluntarily rectify the removal, etc. of the instant workplace and warehouse.

C. After that, the Defendant issued the second corrective order ordering the Plaintiff to voluntarily correct the removal, etc. as to the instant workplace and warehouse by August 10, 2012. By August 30, 2012, the Defendant issued the second corrective order ordering the Plaintiff to voluntarily correct the removal, etc.

However, the Plaintiff did not comply with the second corrective order until September 20, 2012. On November 14, 2012, the Defendant issued a disposition imposing a total of KRW 3,60,000 (= KRW 2,220,000 (the instant plant)) (hereinafter “instant one disposition”) on the Plaintiff as indicated in the following table.

However, among the enforcement fines of KRW 3,660,00 in accordance with the Disposition 1 of this case, the unpaid amount is KRW 660,000 in total, and accordingly, the Plaintiff seeks to confirm the invalidity of the said enforcement fines of KRW 3,660,000 in total.

CD A AB

E. Since the instant disposition 1, the instant warehouse was voluntarily removed around July 2013. However, the voluntary removal of the instant plant was not continued until February 2017. The Defendant, for each year, during the period from 2013 to 2015, on the instant plant.

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