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(영문) 창원지방법원 2020.10.07 2019구단11980
건축이행강제금부과처분취소
Text

(3) The imposition of the charge for compelling the performance of the imposed amount shall be made by the Defendant on the date of imposition.

Reasons

1. The Plaintiffs, respectively, completed the registration of ownership preservation or the registration of ownership transfer for the building.

The public officials belonging to the Kimhae-si conducted a fact-finding survey on the building in violation of the Building Act and discovered the fact of substantial repair and extension differently from the current state on the original building ledger, without obtaining permission from or reporting to the defendant on each building listed in attached Form 1 as follows.

Plaintiff

In the current violation of the location of a building, 2nd household 3rd household 2nd household 2nd household 2nd household 3rd household 2nd household 2nd household 2nd household 3rd household 2nd household 2nd household 3rd household 2nd household 3rd household 2nd household 3rd household 4th household 4th household 4th household 3rd household 4th household 4th household 1st household 2nd household 2nd household 5th household 3rd household 4th household 1st household 2nd household 5th household 3rd household 2nd household 2nd household 2nd household 2nd household 2nd household 3rd household 5th household 3rd without permission.

C. After the discovery, the Defendant issued a corrective order pursuant to the provisions related to the Building Act. Since the correction of the portion of the pertinent unauthorized extension of Plaintiffs B, C, F, and G was corrected, the remainder was not corrected, the Defendant issued a disposition imposing a non-performance penalty (hereinafter “each disposition of this case”) on each of the Plaintiffs on the date of imposition.

[Grounds for recognition] In the absence of dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 through 8 (including various numbers), and the purport of the entire pleadings as to the calculation ratio of the plaintiffs' charges for compelling performance against large-scale repair, the standard market price, which forms the basis for calculating the plaintiffs' charges for compelling performance against large-scale repair, is below the "standard for adjusting the standard market price of buildings in 2019" under Article 80 (1) 2 of the former Building Act (amended by Act No. 16380, Apr. 23, 2019; hereinafter the same shall apply).

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