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(영문) 대전지방법원 2015.05.06 2014구합3039
건물철거대집행계고취소
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. The Plaintiff is operating a 4-story building located in Dong-gu, Nam-gu (Gu parcel number address: Dong-gu, Dong-gu, Dong-gu, Dong-gu) (hereinafter “instant building”).

B. On April 19, 2013, the Defendant ordered the Plaintiff to remove and restore the illegal building site without permission until May 15, 2013, which is located in the park site, such as the right-hand photo.

C. On July 10, 2013, the Plaintiff did not remove the illegal building despite the above order, the Defendant ordered the Plaintiff to remove the illegal building in accordance with Article 24 of the Act on Urban Parks, Greenbelts, Etc. and Article 83 of the Public Property and Commodity Management Act, and to execute the administrative vicarious execution in case where the Plaintiff did not voluntarily perform the administrative vicarious execution by July 31, 2013 pursuant to Article 2 of the Administrative Vicarious Execution Act.

(hereinafter referred to as “the First Order of Removal”) and the Second Order of Removal. D.

The Plaintiff appealed and filed an administrative appeal on August 1, 2013, but Chungcheong-do Administrative Appeals Commissions dismissed the Plaintiff’s claim on October 7, 2013.

E. On September 23, 2013, the Defendant sent to the Plaintiff a third order for the removal and mooring of the second order, and the Plaintiff continued not to remove the illegal building; on April 11, 2014, the Defendant urged the Plaintiff to remove the illegal building by May 9, 2014; and on failure, sent the third order to perform vicarious execution.

hereinafter referred to as "third measure";

(i) 【Facts without dispute over the grounds for recognition, Gap evidence Nos. 1, Eul evidence Nos. 2 through 6, 8 and 9, Eul evidence Nos. 7 and the purport of the whole pleadings.

2. Whether the lawsuit in this case is lawful

A. The defendant's defense duty to remove the plaintiff's unlawful building.

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