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(영문) 춘천지방법원 2017.01.20 2015구합5243
행정대집행계고처분취소
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, a state-owned forest, was residing in the Dogcheon-si B (hereinafter “instant land”), without permission. On October 2005, the Plaintiff removed the above Dog and constructed and resided on the ground without permission.

B. After that, the Plaintiff conducted removal and new construction of the building without permission from the competent authorities in the course of residence, and conducted other acts such as banking of parking lots, destruction of slope areas, cutting of standing trees, and site creation.

C. Accordingly, on April 9, 2015, the Defendant: (a) installed illegally three buildings (a warehouse, residential facility, and plastic house) on the instant land; (b) installed four mountainous districts (54 square meters); (c) provided that only three buildings are recorded in the first and fourth order of the administrative vicarious execution from the first to the fourth order; and (d) in light of the description of the evidence No. 2-2; (b) the details of the upper order of the report of the administrative vicarious execution; and attached documents attached thereto, the Defendant appears to have four errors. On the ground that the Plaintiff used the instant land, on the ground that the Plaintiff was under the exclusive use of the building, performed the administrative vicarious execution guidance to the effect that the building was removed until April 30, 2015, and performed the vicarious execution (hereinafter “the first order”) to restore the building to its original condition and perform the work by proxy; and (c) the Plaintiff received the said disposition around that time.

Around May 13, 2015, the Plaintiff failed to perform this within a given period, the Defendant: (a) had the Plaintiff complete removal and recovery from the building again to May 31, 2015 (hereinafter “the second garage”); (b) had the building subject to recovery reduced to two residential facilities and plastic houses (153 square meters), excluding warehouses; and (c) had the building to complete removal and recovery by June 8, 2015, by the ordinary mail, “the third garages (153 square meters); and (d) had the Plaintiff complete removal and recovery by June 30, 2015.”

(B) On August 24, 2015, the third floor of the building to be restored was added to two buildings to be restored, and ③ up to October 15, 2015 to the Plaintiff.

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