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(영문) 서울행정법원 2019.10.16 2019구단50505
건축이행강제금부과처분취소
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. On March 11, 2008, the Plaintiff purchased the first floor C of Songpa-gu Seoul Building No. 1 (hereinafter “instant building”) and is the owner, who purchased it, and the instant building is used as bedclothes furniture stores.

B. On June 20, 2014, the Defendant issued a corrective order to the Plaintiff on the ground that the 90m2 floor area of the instant building was extended without permission, and pre-announceed to impose a non-performance penalty on the Plaintiff.

Accordingly, on November 19, 2014, the Plaintiff implemented a corrective order by closing the entrance of the part discovered due to the said unauthorized extension, and the Defendant sent a letter of “Guidance on the Completion and Maintenance of Violation of the Building Act” stating that the Plaintiff shall maintain and manage the instant building so that the implementation of the corrective order is not repeated, along with the contents that the corrective order was completed.

C. On May 11, 2018, the Defendant received a civil petition that “the instant building, which is a 1st floor, has been illegally extended to three floors,” and as a result, the Defendant discovered that two floors of the total area of 296.54 square meters of the instant building have been used without permission.”

On May 21, 2018 and July 24, 2018, the Defendant issued a corrective order against the Plaintiff to voluntarily correct the violation of the instant building without permission. Nevertheless, the Plaintiff did not correct the unauthorized extension of the instant building. On August 28, 2018, the Defendant issued a prior notice of imposition of a non-performance penalty and a prior notice thereof, and on October 12, 2018, issued a disposition to the Plaintiff imposing a non-performance penalty of KRW 65,238,800 on the Plaintiff on the ground of “two stories expansion without permission (296.54 square meters) in the instant building (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 to 9, and 12, video, and oral argument.

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