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1. Of the instant lawsuit, the part exceeding KRW 37,612,570, out of enforcement fines imposed on Plaintiff A on December 19, 2013, and the Plaintiff.
Reasons
1. Details of the disposition;
A. On October 25, 2011 and October 27, 2011, the Plaintiffs completed the registration of ownership transfer on November 4, 201 with land transaction permission granted from the Defendant on the land transaction of CY 4,264 square meters (hereinafter “instant land”). The key contents are as follows: (a) Plaintiff B 1,943/4,264 shares; (b) Plaintiff A2,321/4,264 shares; and (c) Plaintiff A2,321/4,264 shares).
Purpose: The date of the fulfillment of the obligation to sell the retail store: the compulsory period of use on December 2012: the obligation to use at the time of sale after completion.
B. Upon conducting a field investigation on the instant land on May 21, 2013, the Defendant ordered the Plaintiffs to use the said land for the permitted purpose on May 28, 2013, with the implementation period until August 28, 2013.
(hereinafter “instant implementation order”). C.
After that, on September 10, 2013, the Defendant conducted a field investigation on the instant land. On September 10, 2013, the Defendant rendered a prior notice of imposition of enforcement fines to the Plaintiffs on September 10, 2013, and issued a disposition imposing enforcement fines of KRW 38,309,090 to the Plaintiff and KRW 41,010,787 to the Plaintiff on December 19, 2013, and the specific formula for calculation is as follows.
(hereinafter “previous Disposition”). Plaintiff A 38,309,090 won [Acquisition Value 900,000,000 x 10/100 x 4,264 x Plaintiff B 41,010,780 won [Acquisition Value 900,000,000 x 10/4,264]
D. Afterwards, the Plaintiffs filed an objection with the Defendant to the effect that the charges for compelling compliance corresponding thereto should be reduced, as the road construction and packing construction has been completed on the road site among the instant land. The Defendant accepted the said assertion by the Plaintiffs, and reduced the charges for compelling compliance against the Plaintiff B to KRW 37,612,570 among the previous dispositions on April 3, 2014, and KRW 25,71,570.