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(영문) 서울행정법원 2014.06.13 2013구단22300
이행강제금부과처분취소
Text

1. Each disposition imposing enforcement fines imposed by the Defendant against the Plaintiffs on August 19, 2013 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts and circumstances of dispositions;

A. The area of 4,810 square meters of D forest land in Jung-gu in Seoul, Jung-gu is the ownership of Jeonju, Jeonju, Seo-gun, and is designated as “development restriction zone” under the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Development Restriction Zones Act”) and “land transaction contract permission area” under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

B. On March 8, 2011, Plaintiff A obtained a building permit from the Defendant to construct a building on the ground second floor (hereinafter “instant building”), the use of which is a sports facility (e.g., riding track) on the said land, and then purchased the said land from the Jeonju-Gun Association with Plaintiff B and Plaintiff C for KRW 2,619,00,000,00. On March 16, 201, Plaintiff A obtained permission for a land transaction contract with the Defendant for the purpose of directly operating the said land for four years after the construction of a sports facility (e.g., riding track).

C. On March 18, 2011, the Plaintiffs completed the registration of ownership transfer with the Plaintiff’s share 4,150/4,810, and Plaintiff B and Plaintiff C’s share 330/4,810, respectively.

The instant building was reported on May 26, 201, and was approved on February 25, 2013.

E. Meanwhile, on June 5, 2012, an implementation plan was approved and a road zone was determined with respect to E Highway Private Investment Project. Accordingly, among the instant land, 2,897 square meters was incorporated into a road site. On June 28, 2013, G (referring to the parcel number assigned upon D’s registration conversion on April 4, 201) divided into F on June 28, 2013, the area of the instant land was 4,480 square meters, but the area was reduced due to the correction of the area according to the cadastral survey and the division of land, etc., and the area was finally divided into 1,369 square meters, and the instant building was divided into 1,369 square meters. The instant building was located on G land after the division.

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