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(영문) 부산지방법원 2015.04.30 2014구합3458
행정대집행 비용부과처분 취소
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. A. A disaster due to a concentrated rain 1) The Plaintiff’s land B in Busan Dong-gu (hereinafter “instant land”).

(2) On May 29, 2013, due to the centralized rain that took place on May 28, 2013, the instant land and the instant land, which was installed on the land located on the land located on the Dong-gu Busan Special Metropolitan City (hereinafter referred to as “fluoring land”) located on May 29, 2013, caused an accident where the foundation of the instant land and the instant land were partially damaged and the surface of the adjacent land were exposed (hereinafter referred to as “the instant disaster”).

B. On May 29, 2013, the Defendant: (a) inspected the instant disaster scene on May 29, 2013; and (b) determined that the instant disaster scene might cause secondary damage due to the collapse of the said embankment and marina, and thus, the former Framework Act on the Management of Disasters and Safety (amended by Act No. 11994, Aug. 6, 2013; hereinafter “former Disaster Management Act”).

Article 31 of the former Enforcement Decree of the Disaster Management Act (amended by Presidential Decree No. 25139, Feb. 5, 2014; hereinafter “former Enforcement Decree of the Disaster Management Act”).

) Pursuant to Article 39, the owner of the land adjacent to the Plaintiff (hereinafter referred to as “Plaintiff, etc.”) is the Plaintiff.

The following order was issued to implement safety measures (hereinafter “the first implementation order of this case”).

(i) [Reasons for ordering safety measures] Prevention of safety accidents by removing risk factors, etc.

1. Matters requiring safety measures: Restoration of the axis of a building, etc.;

2. Safety measures: Installation, etc. of retaining walls;

3. Methods of notifying the result of safety measures: [Attachment 2] Submission of a notice of the result of safety measures;

4. Deadline for safety measures: The defendant, however, at least 20 days from the date of notification, deemed urgent to prevent additional damage caused by rain in the absence of the first implementation order of the instant first implementation order, and on June 3, 2013, pursuant to Article 3(3) of the Administrative Vicarious Execution Act, the Busan East-gu Busan Metropolitan City (hereinafter referred to as the "Seoul Metropolitan City") is the plaintiff

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