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(영문) 서울행정법원 2015.01.07 2014구단543
이행강제금부과처분취소
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 the ground of Eunpyeong-gu Seoul Metropolitan Government B (hereinafter “instant land”), there was a apartment house with nine households. Of the sectional owners, J appears to have entrusted the name of the Plaintiff, C, D, E, F, G, H, I, and J as an employee of the non-party company, non-party company, or its representative.

On February 22, 2011, J decided to remove the above building and build two multi-households (hereinafter “instant building”) on the instant land, and entered into a contract with L Co., Ltd (hereinafter “Nonindicted Co., Ltd.”) on December 3, 2010, on December 3, 201, with the following terms:

The building owner shall have nine sectional owners, and the non-party company shall be the contractor and the non-party company shall be the contractor and the two units of the 6th floor building (total of 20 households) shall be newly constructed on the land of this case.

A sectional owner shall pay 11 households to the non-party company as a substitute for the construction price.

B. The result of the allocation of club water determined by lottery, etc. on December 17, 2010 is as follows:

A Dong B several owners of several housing units, I 601, 602 non-party company 601, 602, 501 G 502, 501, H 502, 502 non-party company 401 E 402, 301, 301 C 301, 302, 301, 302, 201, 202 Non-party company 202, 201, 202, non-party company 202, 201, 202

C. A sectional owner becomes a building owner and obtained a building permit on November 30, 2010, and the non-party company started and completed the instant building on December 25, 2010, but the non-party company did not pay the construction price to the subcontractor during the construction process, and did not proceed with the procedure for the registration of preservation of ownership in order to prepare for provisional seizure.

The defendant Nos. A, 301, 302, 401, 402.

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