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(영문) 대전지방법원 2017.10.31 2017구단119
이행강제금부과처분취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. On December 10, 2014, the Defendant received a civil petition from 80 residents of Cheongyang-gun, Chungcheongnam-gun, Chungcheongnam-do on the following Plaintiff’s building (hereinafter “instant building”) and on December 30, 2014, and February 4, 2015, the Plaintiff issued a corrective order (Articles 11 and 14 of the Building Act) to the Plaintiff on the ground that the Plaintiff failed to comply with the said corrective order, and the Defendant notified the Plaintiff of the imposition of a non-performance penalty and the disposition prior to the imposition of a non-performance penalty on March 2, 2015, and imposed a non-performance penalty of KRW 13,016,000 on September 6, 2016.

A [Grounds for Recognition] without dispute, Gap evidence Nos. 1, Eul evidence Nos. 5 through 7, and 9 through 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The instant disposition should be invalidated or revoked for the following reasons as to the purport of the Plaintiff’s assertion.

1) On August 13, 1996, the Plaintiff-type D applied the report on the construction of a temporary building to the instant building on September 11, 1998, and reported the extension of a temporary building on September 11, 1998, but it was impossible for the Plaintiff who acquired the ownership on August 6, 2001 to extend the period due to lack of the Building Act and the incidental Acts and subordinate statutes, and only used the instant building without filing a report on use. It is illegal to issue an order for removal without reasonable grounds and impose the enforcement fine on the instant building. 2) The Defendant considered the instant building as an extension of a temporary building without filing a report on construction, but the instant building was a legitimate building for which the construction report on construction of the temporary building was completed, and ② the instant building was destroyed due to a fire in 2010 and reconstructed the previous building due to a typhoon between 1 and 2011.

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