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(영문) 서울행정법원 2013.07.25 2012구합34402
시정명령및이행강제금부과처분취소
Text

1. The Defendant’s corrective order against the Plaintiff A on October 24, 2007, January 16, 2008, December 8, 2008, and November 20, 2009, against the Plaintiff.

Reasons

1. Details of the disposition;

A. From June 10, 1966 to Jongno-gu Seoul Metropolitan Government Land (hereinafter “instant land”), Plaintiff A owned a wooden season and a 49.59 square meters of a single-story housing (hereinafter “instant building”) on the ground, and registered the ownership transfer to Plaintiff B, an ASEAN, as of February 11, 2007, on the ground of a donation agreement signed on February 11, 2007.

B. Under Article 12(2) of the former Building Act (amended by Act No. 8219, Jan. 3, 2007; hereinafter “former Building Act”), the Mayor of Jongno-gu Seoul, which belongs to the land of this case, limited the Defendant’s building permission for the funeral club of Jongno-gu, Seoul, where the land of this case belongs on the grounds of the designation of the neighboring urban renewal acceleration district. Based on Article 12(4) of the former Building Act, the Defendant publicly announced the restriction on building permission as follows on August 25, 2006.

(hereinafter referred to as “instant restriction on construction permission”). Public announcement of restriction on construction permission due to the designation of a neighboring model urban renewal acceleration district (draft) shall be made by the Sadow.

1. Article 12 (2) through (5) of the Building Act applicable to the relevant building;

2. Restriction on building permits until the completion of urban renewal acceleration plans for surrounding areas, which result in a plan for connection between seedlings for the purpose of restriction to the South and North Korean green axiss (three axiss) and designation of urban renewal acceleration districts among South and North Koreas;

3. Two years from the date of public notice of the period of restriction on permission (from August 25, 2006 to August 24, 2008)

4. Present status of a restricted area: Paper 3-ro, paper 4-ro, funeral service Dong, and wedding Dong;

5. Change of the purpose of use under Article 14 of the Building Act (including the change of entries in the building ledger and the conversion thereof) to any permitted or reported matters under Article 10 of the Building Act subject to the restriction on building permission under Article 8 of the Building Act: Provided, That the following matters are exceptions - Business (excluding the portion of receipt of permission, etc.) being conducted with the permission of the administrative agency in accordance with legitimate provisions, such as the permission for construction or approval for business, etc. - Business (excluding the portion of receipt of permission, etc.) being modified as a whole at the

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