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(영문) 수원지방법원 2013.05.02 2012구합13154
이행강제금부과처분취소
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. On April 23, 2010, the Plaintiff purchased from B the purchase price of KRW 500,000 from the Defendant for the purpose of using the land transaction contract for the purpose of “welfare facilities for the disabled” (hereinafter “instant land transaction contract”), and completed the registration of ownership transfer around that time with the Defendant’s permission for the land transaction contract for the purpose of using the “welfare facilities for the disabled” (hereinafter “instant land transaction contract”).

B. According to the land use plan submitted by the Plaintiff at the time of filing an application for permission for the instant land transaction contract (hereinafter “instant land use plan”), the scheduled date for commencing the construction project for welfare facilities for the disabled was indicated as December 1, 2010, and the scheduled date for commencing the completion of the construction project on February 28, 201, and March 10, 201.

C. On July 8, 2011, the Defendant conducted a field investigation on the actual conditions of the use of each of the instant land, and determined that each of the instant land was not used for the permitted purpose. On August 8, 2011, the Defendant ordered the Plaintiff to implement the implementation order (hereinafter “instant implementation order”) ordering the Plaintiff to implement each of the instant land for the permitted purpose, setting the period from August 10, 201 to November 9 of the same year.

Although the Plaintiff submitted a written opinion to the Defendant that he/she is performing the obligation to use the land by performing the site construction work, the Defendant determined that the instant implementation order was not fulfilled at all, and issued prior notice of imposition of enforcement fines of KRW 20,000,000 (i.e., acquisition price of KRW 200,000,000 x 10/100) on December 7, 201, and issued a disposition imposing enforcement fines of KRW 45,821,00 on the Plaintiff on December 28, 2011 on the ground that he/she failed to perform the instant implementation order (hereinafter “instant disposition”).

The disposal population in the event that the details of the violation of the real estate area are accepted;

E. The purpose of permission is at the present stage of the basic construction project of F 92 square meters.

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