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(영문) 서울고등법원 2019.09.26 2019누34267
이행강제금부과처분취소
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s charges for compelling the performance against the Plaintiff on June 18, 2018 KRW 4,816,000.

Reasons

1. Details of the disposition;

A. On September 5, 2001, the Plaintiff purchased B large-scale 328 square meters (hereinafter “B”) and 1,692 square meters (hereinafter “C land”) prior to C, which are its neighboring land, around September 5, 2001, and completed the registration of ownership transfer on September 28, 2001.

In addition, around June 3, 2001, the Plaintiff purchased a building on B’s land (16.38m2, 116.38m2, juc tank evaluation house, juc building evaluation house), and completed the registration of ownership transfer on July 3, 2001. The entire certificate of the registered matters of the building is written as the partial destruction of the building.

B. Since then, the Plaintiff newly constructed one-story living facilities and one-story of 196.73 square meters on B’s land, one-story living facilities and one-story of 196.73 square meters (hereinafter “contested building”), and completed registration of ownership preservation in the Plaintiff’s name on February 14, 2002. Around 2011, the key building was extended to two-story and the construction was extended with permission to partially alter the purpose of use. After completion of the construction, the register of the building at issue is written into the 1st floor and 2nd class neighborhood living facilities (manufacturing facilities) of 153.11 square meters on the current status of the extended building, and the 153.62 square meters on the 1st floor and the 1st class neighborhood living facilities (retail stores) of 1, 203 square meters on the 2nd class building.

C. On the other hand, on July 24, 2012, the Defendant issued a corrective order, pursuant to Article 30 of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Development Restriction Zones Act”), stating that the part of the pertinent building was extended without permission, to be restored to the original state by September 15, 2012 with respect to the extension of 43.62 square meters in light of the light steel frame warehouse and 40 square meters, and that the portion of the steel pipeline warehouse shall be restored to the original state by September 15, 2012. If the Defendant fails to comply with the corrective order, the Defendant sent an explanatory note (hereinafter “instant order”) to the Defendant on August 3, 2012, and the instant order was served on the Defendant on August 3, 2012, as to the extension without permission.

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