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(영문) 수원지방법원 2018.08.24 2018구단1880
이행강제금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. (i) The Plaintiff is the owner of the three-story factory building on the ground B at the time of harmony.

On August 19, 2013, the defendant imposed a charge for compelling the performance on the plaintiff as to the above factory building in violation of the Building Act as follows.

On September 16, 2015, the defendant accepted the plaintiff's report on the construction of a temporary building as follows.

B Doshe issued a corrective order on September 21, 2017 to reinstate the following violations to the Plaintiff by no later than December 14, 2017, on the ground that it was discovered that the Plaintiff used a prefabricated panel, unlike the details of acceptance of a report on the construction of a temporary building, and that it constitutes an unauthorized extension under the Building Act, and thus constitutes an illegal extension under Article 79 of the Building Act, subject to a corrective order based on Article 79 of the Building Act.

C: (1) On December 26, 2017, the Defendant notified the Plaintiff of the demand for the corrective order, and notified the imposition of enforcement fines as of February 13, 2018; and (2) on April 16, 2018, on the basis of Article 80 of the Building Act, the Defendant issued the instant disposition imposing KRW 21,31,000 for enforcement fines as follows:

【Non-contentious facts, Gap’s evidence 1, 2, 5, 6, Eul’s evidence 1 through 10, the purport of the whole pleadings

2. (i) A person who intends to construct a temporary building in a planned urban/Gun planning facility or planned urban/Gun planning facility site shall obtain permission from the Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu (Article 20(1) of the Building Act): Provided, That a person who intends to construct a temporary building for the purposes prescribed by Presidential Decree, such as show, exhibition, construction work, etc., shall commence construction after

(Article 20(3) of the Building Act. Here, Article 15(5) of the Enforcement Decree of the Building Act shall apply to a temporary building for the purpose prescribed by Presidential Decree.

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