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(영문) 수원지방법원 2018.11.02 2018구단2579
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 operated a riding club, “I” on a leased land and its ground housing and livestock shed located within the development-restricted zone.

The Defendant, without obtaining permission, set up an outdoor riding track on the land B and C 96 square meters, and changed the form and quality of the land, and made 81 square meters out of the above D’s ground buildings to marina sections, and changed the use of 400 square meters out of the above building into an indoor riding track, based on Article 30(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Act on Special Measures for Designation and Management of Development Restriction Zones”), ordered the Plaintiff to take corrective measures as of October 7, 2013 and disposition as of October 28, 2013.

The Plaintiff did not comply with the above corrective order. Based on Article 30-2(3) and (4) of the Development Restriction Zone Act, the Defendant imposed KRW 50 million on the Plaintiff on March 7, 2014, following the notice of scheduled imposition of enforcement fines on November 13, 2013.

B. On March 9, 2017, the Plaintiff continued to comply with the above corrective order, and the Defendant notified the Plaintiff of the scheduled imposition of enforcement fines based on Article 30-2(3) and (4) of the Development Restriction Zone Act.

Then, on October 12, 2017, the Defendant issued the instant disposition imposing a enforcement fine of KRW 8,640,000 on the change of the use of 40 square meters among the above D-ground buildings on the ground that the Plaintiff performed a restoration measure only for the change of the form and quality of 438 and C land 96 square meters and for the change of the use of 81 square meters among the above D-ground buildings on the ground that the Plaintiff did not implement a restoration measure for the change of the use of 400 square meters among the above D-ground buildings, based on Articles 30 and 30-2 of the Development Restriction Zone Act (i.e., the standard market value of the building per square meter 72,00 square meters x 400 square meters x 30 percent x 30 percent) to the Plaintiff.

[Judgment of the court below] The plaintiff 1, 2, Eul 1 to 12, Eul 1 to 12 (including additional numbers), the purport of the whole pleadings

2. This.

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