logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2014.07.23 2014구단51862
건축이행강제금부과처분취소
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 a person who leases the fourth and fifth floor of the ground building B in Seodaemun-gu Seoul Metropolitan Government (hereinafter “instant building”) and operates a wedding hall.

B. On August 7, 2013, the Defendant imposed a enforcement fine of KRW 470,977,410 on the Plaintiff on the ground that the Plaintiff, “sales facilities” under the Building Act, has altered the use of the instant building to “cultural and assembly facilities” without permission, and does not comply with the Defendant’s corrective order.

(hereinafter referred to as “instant disposition”). [Grounds for recognition] There is no dispute, A 1 through 5, B 1-1, 1-2

2. Whether the instant disposition is lawful

A. It is a precedent to impose a charge for compelling the Plaintiff’s unauthorized change of use on the owner. The Defendant also issued a corrective order to the first owner, and did not file an application for the change of use against some lessors. However, considering the fact that the use of the instant building can be changed, as the Plaintiff invested a large amount of money in the instant building, the disposition of this case imposing a full amount of the charge for compelling the Plaintiff, a lessee, is unlawful.

B. According to the above, the plaintiff can be known that the plaintiff occupied and used the building of this case differently from the purpose stipulated in the construction laws and regulations. Thus, regardless of whether the plaintiff can impose corrective orders and non-performance penalties on the owner of the building of this case, the disposition of this case imposing non-performance penalties on the plaintiff cannot be deemed unlawful on the ground that the plaintiff failed to comply with corrective measures against unauthorized change of use, and there is no reason to view otherwise even if considering the circumstances asserted by the plaintiff.

C. The instant disposition is lawful.

3. The plaintiff's claim of this case is dismissed as it is without merit.

arrow