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(영문) 수원지방법원 2018.06.01 2018구단6113
기타이행강제금부과처분취소
Text

1. On August 10, 2016, the Defendant’s disposition of imposing KRW 50,000,000 on the Plaintiff’s enforcement fine shall be revoked.

2...

Reasons

1. (1) On June 11, 2015, the head of Gwangju-si (hereinafter referred to as the “Development Restriction Zone Act”) conducted a field investigation into the 6,336 square meters in Gwangju-si, Gwangju-si, and the 2,094 square meters in D miscellaneous land, and E 5,772 square meters in a development restriction zone, and discovered any violation of Article 12(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter referred to as the “Development Restriction Zone Act”), and issued a corrective order to restore the area to its original state until July 13, 2015, pursuant to Article 30(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter referred to as the “Development Restriction Zone Act”).

B. The Plaintiff, at F’s request, was performing the construction of the Epis facilities attached to each of the above lands. However, on June 11, 2015, the public official in charge at the time of the on-site investigation received a verbal notice from the relevant public official that the construction of the facilities should suspend the construction of the facilities in a development-restricted area, and completed the construction as it is, notwithstanding the fact that the construction of the facilities should suspend the construction of the facilities within the development-restricted area.

The Plaintiff prepared and delivered a written statement to the Defendant as of July 17, 2015, stating the above contents, and was sentenced to a fine for violating the Development Restriction Zone Act around 2016.

Secondly, the Defendant sent to the Plaintiff and F on June 20, 2016 a document stating that the enforcement fine should be imposed on the said violation as of July 20, 2016, and the document stating that the Defendant shall voluntarily remove and restore the original state to the original state within the limit period and submit relevant evidential documents after performing the voluntary removal and restoration to the original state. However, the document was not served on the Plaintiff.

x) On August 10, 2016, the Defendant imposed 50 million won for enforcement calculated on the Plaintiff and F, based on Article 30-2 of the Development Restriction Zone Act, as follows, with respect to the above violations:

The enforcement fine against the plaintiff below is KRW 50 million.

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