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(영문) 서울행정법원 2019.06.27 2018구합72703
건축물대장 정정
Text

1. The Defendant, on August 23, 2017, has three business places of Jongno-gu Seoul Metropolitan Government Ground reinforced concrete structure sloping roof.

Reasons

Details of the disposition

On May 3, 2002, the Plaintiffs completed each registration of the transfer of ownership as to the 167.97 square meters for 167.97 square meters for 2nd floor, 167.97 square meters for 3rd floor, and 161.19 square meters for 161.19 square meters for 3rd floor (hereinafter “instant building”) in Jongno-gu Seoul, Jongno-gu, Seoul, on May 3, 2002, as well as the 72.72 square meters for the business of the wooden flag and the 3rd floor, the 72.72 square meters for the business of the 2nd floor, the 2nd floor, the 72.72 square meters for the business of the 2nd floor and the 2nd floor (hereinafter “the 2nd floor wooden building”). The instant building and each building

On June 22, 2007, the defendant discovered the unauthorized extension or remodeling of each building C above ground through the petition of neighboring residents, and on June 25, 2007, indicated each violation area in the building ledger of each building C above ground (497.13 square meters of each building of this case and 218.19 square meters of each building of this case) as the total floor area on each building ledger of each building of C above ground.

On June 25, 2007 and August 7, 2007, the Defendant issued a second corrective order and a notice of imposition of charges for compelling the performance, and on September 7, 2007, the Defendant imposed an administrative fine of KRW 458,893,500 on the ground that the non-compliant area of each building on the ground C, except for the extension area of the rooftop which the Plaintiffs voluntarily removed, shall be 908.7 square meters.

Plaintiff

On October 4, 2007, A filed an objection against the imposition of the above administrative fine, and the defendant notified it to the Seoul Central District Court, and the Seoul Central District Court (2007Da10889) made a decision to accept the imposition of the above administrative fine on February 14, 2008 on the ground that the imposition of the administrative fine by the defendant is reasonable by the summary judgment.

Accordingly, the plaintiff A raised an objection, and the Seoul Central District Court (2007 and 10889) considered the total area of the illegal building as the standard area for calculating the fine for negligence, but decided that the fine for negligence is 150,84,200 won.

Accordingly, the plaintiff A filed an immediate appeal, and the appellate court (Seoul Central District Court 2009Ra226) made an appeal on November 17, 2009 without permission shall be deemed to be an area extended without permission and the basic area for calculating fines for negligence shall not be deemed to be an area extended without permission and shall not be deemed to be a total area.

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