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(영문) 서울고등법원 2011.01.14 2010누4645
이행강제금부과처분취소
Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

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

Reasons

1. Basic facts

A. An unauthorized building management ledger (No. (No. (No. (A)) within a development-restricted zone, prepared as of August 1, 1983, is examined as having been constructed with a building (department, section, and structure) for residential use in Eunpyeong-gu Seoul Metropolitan Government E, which was designated as a development-restricted zone, 39.36 square meters (hereinafter “existing unauthorized building”; and thereafter, it seems that the lot number is divided and changed to C) and a light 6.51 square meters.

On the other hand, the site site where “existing unauthorized buildings” were located was designated as development restriction zones on July 30, 1971, urban planning facilities (parks) on August 6, 1971, and residential environment improvement districts (Dresidential environment improvement districts, etc.) on October 18, 1990. As part of the promotion of the said D residential environment improvement project, the Defendant decided to the effect that “existing unauthorized buildings” should be relocated to 112 square meters of land B in Eunpyeong-gu Seoul Metropolitan Government as part of the promotion of the said D residential environment improvement project.

B. Around January 19, 2005, the Plaintiff purchased “existing unauthorized buildings” from F (a sales contract contains a size of 20 square meters) from F to KRW 65,00,000, and was fully paid the price by March 23, 2005, and owned “existing unauthorized buildings” from around that time.

C. After that, the Plaintiff performed construction without the permission or report from the competent authority to extend or rebuild an existing unauthorized building into a light framed and panel building. In light of the appearance, building materials, etc. of an existing unauthorized building, the said construction works, while leaving only a part of the outer wall, etc. of the “existing unauthorized building” as a roof of the panel, attached the panel to the outer wall, and partially installed the steel-frame beams while replacing the flag and roof with a roof of the panel. In the process, it appears that at least three of the bearing wall, columns, beams, and roof trusses of the “existing unauthorized building” were removed.

hereinafter, as above, the remainder of the “existing unauthorized building” which has been expanded and reconstructed without permission is together with the remaining part.

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