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(영문) 서울행정법원 2016.07.07 2016구단52609
건축이행강제금부과처분취소
Text

1. The Defendant imposed KRW 63,813,00 on the Plaintiffs on June 25, 2015, KRW 36,654,00 among the imposition of enforcement fines.

Reasons

1. Details of the disposition;

A. The Plaintiffs are the owners of Gangnam-gu Seoul Metropolitan Government Ground C-based Commercial Building (hereinafter “instant building”).

B. A fire that could not be found about the cause of January 15, 2015 occurred in the instant building, and part of the building was destroyed. Accordingly, the Plaintiffs, while repairing the instant building, changed the structure of a prefabricated panel.

C. Before fire, the Defendant imposed enforcement fines on the Plaintiffs on the instant building due to its violation of the Building Act, and calculated enforcement fines by applying the steel pipe structure index 0.2 and the annual residual rate of 0.44 to new construction.

However, the Defendant calculated enforcement fines of KRW 63,813,00 ( = base amount of new construction price of a building in 2015 x 0.5 x structural index x 0.2 x location index 1.2 x 275 x imposition rate of 0.5 x 0.5 x 0.5 x reduction rate of 0.85 x reduction rate) on June 25, 2015 (hereinafter “instant disposition”) by applying the annual residual rate of KRW 63,813,00 for the construction of new buildings in 2015.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1, Eul evidence 2-1 through 6, the purport of the whole pleadings

2. Determination on the legitimacy of the instant disposition

A. Since the plaintiffs' alleged building of this case is a cover of the steel pipe structure, it should be calculated by applying the steel pipe structure index 0.2 and the remaining rate per new construction year 0.44, such as the method calculated by the defendant before fire.

Even if part of the building of this case was changed to the prefabricated panel structure after fire, the annual residual rate of 0.5 and the new construction of new building in 2015 should be applied only to the modified part of the building.

Therefore, concerning the whole building of this case.

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