logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2017.09.28 2017누3488
이행강제금부과취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. The Plaintiff, together with B and C, was the owner of building, newly constructed a reinforced concrete structure (refinites), concrete slab bars, five multi-household housing (multi-household housing), urban residential housing, 23.28 square meters, 173.43 square meters, 116.32 square meters, five stories (hereinafter “instant building”) on the ground of Gwangju Northern-gu, Gwangju, and obtained approval for use on December 28, 2012.

B. The Defendant instructed the Plaintiff, B, and C, the owner of the instant building, to rectify the portion of unauthorized extension, unauthorized alteration of use, and unauthorized alteration of use of the instant building (hereinafter “the first corrective order”), but the Plaintiff, B, and C did not comply with the first corrective order.

C. On October 7, 2015, the Defendant urged the Plaintiff, B, and C to correct the portion of unauthorized extension and unauthorized change of use by November 7, 2015 (hereinafter “the second corrective order”). In the event that the correction is not made by November 7, 2015, the Defendant notified the Plaintiff that the charge will be imposed KRW 6,350,000 (hereinafter “pre-announcement of imposition of this case”) as follows:

Multi-household houses without permission for multi-household houses with 6,350,000 2,55 stories above ground-based multi-household houses without permission for multi-household houses with light 5 stories above ground-based 24.613 ground-based multi-household houses without permission for multi-household houses with light 5 stories above 42.28 ground-based multi-household houses with light 46 stories above ground-based 28

D. On November 2015, the Plaintiff filed an objection against the instant advance notice of imposition, and asserted that the lawful enforcement fine was KRW 4,230,596, and the Plaintiff, B, and C did not comply with the second corrective order until November 7, 2015.

E. On December 8, 2015, the Defendant notified the Plaintiff that KRW 5,743,00 for enforcement fines calculated as follows should be imposed on the grounds that the Plaintiff and B and C failed to comply with the second corrective order (hereinafter “instant disposition”).

Enforcement fines shall be calculated.

arrow