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(영문) 대구지방법원 2018.09.21 2017구합24266
이행강제금 변경 부과 예고처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is the owner of housing 39.54 square meters (hereinafter “instant housing”) on the ground of 398 square meters (hereinafter “instant housing site”) in racing-si.

B. On October 2, 2015, the Defendant ordered the Plaintiff to remove the instant housing and wooden toilets up to November 1, 2015 on the ground that the Plaintiff did not report the 26.58 square meters of the instant housing and the 8.1 square meters of the wooden toilet and did not report the 26.58 square meters of the instant housing.

In addition, on November 3, 2015, the Defendant again ordered the Plaintiff to remove the instant housing and wooden toilets by December 3, 2015.

(hereinafter referred to as "Corrective Order" in total).

However, the plaintiff did not comply with the corrective order within the corrective period specified in the corrective order.

Accordingly, on May 31, 2016, the Defendant notified the Plaintiff that the enforcement fine will be imposed as follows:

(1) Grounds for imposition: Article 80 (2) of the Building Act: The officially announced value of a building: B 15,800/m2 of the building at the time of racing. (3) Standard amount of light metal - light metal 146,000 square meters/m2 (house-2004): 146,000 square meters - light metal - light metal 146,000 won/m204: (4) Criteria for imposition and calculation; grounds for calculation - an amount calculated by multiplying an amount calculated by multiplying an amount calculated by multiplying the standard market value of a building by the size of a violation by 50/100, 146,00 square meters, 26.58m2/100 x x 50/100 x 50/100 x 970, 170, 146, 000 x 8.1m20 x 50/10 x 50/10 x 29, 26506

D. On June 15, 2016, the Plaintiff submitted a written opinion to the Defendant stating that “The wooden toilet was immediately removed, and the instant house was not a light steel structure but a wooden structure, and the size of which was recorded in the building ledger was erroneously stated differently from the actual structure, and thus, the imposition of enforcement fines is revoked.”

E. On November 6, 2017, the Defendant notified the Plaintiff that the charge for compelling the performance should be imposed only on the instant housing, and imposed KRW 1,072,503 on December 11 of the same year the charge for compelling the performance calculated as follows.

(c).

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