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(영문) 춘천지방법원 강릉지원 2018.03.22 2017구합245
이행강제금부과처분무효
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 December 31, 2015, the Plaintiff filed a report on the construction of a temporary building with the head of Gangnam-si (hereinafter referred to as “instant land”), the building area and total floor area of 18 square meters, the farming door, the purpose of use, the number of floors, the first floor, the structure, the container, and the retention period on December 31, 2018, with the report accepted.

B. Around that time, the Plaintiff built a building on the ground of the instant land. On September 30, 2016, the head of the Myeon reported that the building built by the Plaintiff was in violation of the Building Act and conducted a field investigation around that time, the Plaintiff constructed a building in which the size was expanded by using temporary materials in containers (hereinafter “the instant building No. 1”) and confirmed that a separate building (hereinafter “instant building No. 2”) was additionally constructed.

C. On December 30, 2016, February 21, 2017, and March 31, 2017, the Chapter B confirmed that the Plaintiff had constructed a building without permission without reporting the construction on the ground of the instant land and constructed a building that is different from the details of the report on the construction of a temporary building. As such, the Chapter B issued a corrective order to reinstate the building by the deadline for performance (as of January 31, 2017, March 17, 2017, April 30, 2017), and to impose a non-performance penalty if the restoration is not performed within the deadline.

(However, on December 30, 2016, the corrective order issued on December 30, 2016 was not arrived at the Plaintiff). Nevertheless, on August 3, 2017, the head of the face B, who did not comply with the order, requested the Defendant to impose a non-performance penalty in accordance with the Building Act.

On August 4, 2017, on the ground that the Plaintiff constructed the instant building without permission on the instant land on the ground without filing a construction report (the total floor area of 42 square meters, detached houses for use, structure, general wood structure, and standard market price of 6,783,00 won), the Defendant completed correction of the instant building up to August 25, 2017.

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