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(영문) 수원지방법원 2018.05.09 2017구합2210
압류처분해지 및 이행강제금부과처분취소
Text

1. The part concerning the claim for revocation of the disposition imposing enforcement fines in the instant lawsuit is dismissed.

2. The plaintiff's remaining claims.

Reasons

1. Details of the disposition;

A. In around 2016, the Plaintiff illegally constructed a new building on a container and a prefabricated-style panel building (hereinafter “instant building”) without obtaining a construction permit on the 3,365 square meters of land located in a development-restricted zone (hereinafter “instant land”).

B. The Defendant’s corrective order and imposition of charges for compelling compliance on June 11, 2016, the Defendant issued a special measure for designating and managing development restriction zones (hereinafter “Act on Special Measures for Designation of Development Restriction Zones”) on the ground that the instant building was illegal buildings.

(2) On July 12, 2016, the Plaintiff issued a corrective order to remove the instant building up to August 12, 2016, with the purport that the Plaintiff would remove the instant building pursuant to Article 30(1) of the Act, but the Plaintiff did not comply with the said corrective order. (2) The Defendant issued a corrective order to remove the instant building up to August 12, 2016 to the Plaintiff. (3) As the Plaintiff did not comply with the said corrective order within the said period, the Defendant issued a corrective order to the Plaintiff on May 8, 2017 pursuant to Article 30-2(1) of the Act on the Development Restriction of Restricted Areas.

(hereinafter referred to as “instant disposition imposing enforcement fines”) C.

The defendant's seizure disposition 1 is that the plaintiff did not pay the above enforcement fine, and July 10, 2017 and the same year.

8. On August 18, 2017, the Plaintiff urged the Plaintiff to pay the enforcement fine, but the Plaintiff applied for postponement of disposition on default and application for installment payment (12 installment from September 30, 2017 to August 30, 2018) on the ground that it is difficult to do so. The Defendant accepted the said application and notified the Plaintiff that the enforcement fine should be paid in installments on August 21, 2017.

2) As the Plaintiff did not perform the obligation to pay the enforcement penalty in installments, the Defendant: (a) on November 28, 2017, the Act on the Collection, etc. of Local Non-Tax Revenue (hereinafter “Local Non-Tax Revenue Act”).

) Pursuant to Article 9, the instant land owned by the Plaintiff was seized (hereinafter “instant attachment disposition”).

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