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(영문) 부산지방법원 2015.08.27 2015구합21118
기타이행강제금부과처분취소
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. The Plaintiff is an owner of 2,106/10,00 of the total share of 1,140 square meters prior to Gangseo-gu Busan Metropolitan Government (hereinafter “instant land”), located within a development-restricted zone, and manages the entire instant land. The remainder of the share of the instant land except the aforementioned co-ownership is owned by the Plaintiff’s children.

B. C is an internal director, who is a company that runs the wholesale and retail business for the purpose of this company. While operating the above company, C leased the instant land from the Plaintiff, and used the instant land as a storage yard for scrap metal, etc.

On the other hand, “F” on February 26, 201 (the above trade name was changed to “G” on November 26, 2012, and “H” on April 2, 2014) completed business registration and carried out scrap metal processing business, resource recycling business, etc. along with his father C, and as well, he stored scrap metal on the ground of the instant land. From March 31, 2013 to May 26, 2016, “E directly used the instant land from the Plaintiff as a storage yard, etc. for the instant land by leasing the instant land in the amount of KRW 13 million, monthly rent in KRW 1 million.

C. As a result of the on-site investigation of the instant land on June 1, 2011, it was confirmed that the instant land has been solid and container for office use has been installed on the instant land. The content of the “report on the on-site verification of illegal acts” prepared by the public official in charge of Gangseo-gu Busan Metropolitan City after the said on-site inspection is as follows.

The actor (owner) in the form of the size of the land as of the location and structure of the facility of the tort C, 1998 newly built of the land container office 18, the Plaintiff 1,064 changed the form and quality of the land 1,064.

D. On August 27, 2014, the Defendant: (a) as indicated in the following table by the Plaintiff and C, before being amended by Act No. 12956, Dec. 31, 2014; (b) hereinafter referred to as “Gu.”

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