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(영문) 대전지방법원 2018.05.24 2017구단621
이행강제금부과처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On October 7, 2015, the Defendant ordered the Plaintiff to take lawful measures, such as reinstatement, by November 12, 2015, with respect to the building violating the Building Act (hereinafter “instant building”) owned by the Plaintiff, and urged the Plaintiff to comply with the corrective order by November 23, 2015.

B

B. Although the Plaintiff implemented a corrective order with respect to the change of unauthorized use among the instant building, the Plaintiff failed to comply with the corrective order with respect to the portion on the portion on the unauthorized use. On January 4, 2016, the Defendant notified the Plaintiff of the opinion that the hearing procedure was to be shipped out by February 3, 2016 along with the prior notice of disposition, such as the imposition of enforcement fines.

C. On February 3, 2016, the Plaintiff requested the Defendant to correct the unauthorized extension portion, and the Plaintiff extended the period of the corrective order by April 3, 2016, and notified the Defendant of the correction as follows.

B

D. On several occasions, the Defendant, upon the Plaintiff’s request for postponement of the corrective order, suspended the period of the corrective order to the Plaintiff, but did not comply with the corrective order regarding the portion of the unauthorized extension. On November 1, 2016, the Defendant issued the instant disposition imposing KRW 1,240,000 on the Plaintiff the enforcement fine.

E. The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on April 10, 2017, and the original written judgment on the administrative appeal was served on the Plaintiff on April 21, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 13, the purport of the whole pleadings

2. The instant disposition is examined ex officio as to whether the instant disposition is lawful, and a revocation lawsuit shall be instituted within 90 days from the date on which the relevant disposition is known, and where an adjudication on an administrative appeal is made, a lawsuit shall be filed within 90 days from the date on which the original copy of the written adjudication on an administrative appeal is served (Article 20(1) of the Administrative Litigation Act), and the Plaintiff shall file the lawsuit.

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