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Reasons
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(영문) 대구지방법원 2015.11.11 2015구합22983
이행강제금부과처분취소
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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 an owner of 6.05 square meters of a wooden flag and a branch roof in Daegu Jung-gu (hereinafter “instant building”).

B. On February 2, 2015, the Defendant notified the Plaintiff of his/her voluntary restoration to the original state by March 8, 2015, on the ground that the Plaintiff had illegally expanded the light steel frame 56.25 square meters in the instant building (hereinafter “the instant extension without permission”), and notified the Plaintiff that the enforcement fine, etc. may be imposed pursuant to Article 80 of the Building Act if the Plaintiff failed to comply with the notification. On March 9, 2015, the Defendant notified the Plaintiff of his/her voluntary restoration to the original state by April 9, 2015.

C. On April 9, 2015, the Defendant notified that the Plaintiff would impose enforcement fines of KRW 8,409,370 pursuant to Articles 79(1) and 80(1)1 of the Building Act due to the Plaintiff’s failure to remove the instant unauthorized extension portion (i.e., the standard market price of KRW 16,818,750 in KRW 16,818,750 in the portion of the instant unauthorized extension) and that he/she would present his/her opinion by April 28, 2015.

On April 29, 2015, the Plaintiff submitted an opinion to remove the house and facilities by May 29, 2015, on the ground that the place where the house and facilities are to be transferred is being in transit. The Defendant accepted it and extended the removal period by May 29, 2015, but on June 1, 2015, the Plaintiff did not implement it, and on June 22, 2015, imposed a non-performance penalty on the Plaintiff by setting the payment period as set forth in the following table:

(hereinafter “Disposition in this case”). Each of the entries and arguments in Section 1, 2, and Nos. 1 through 4 (including each number), and 56.25, 409, 370 【Grounds for Recognition-based Disposition】 【No. 1, 2, and 1 through 4 (including each number) of the contents of violation of a site location owner-owner-owner-owner-owner-owner-owner-owner-owner-owner-owner-1, Jung-gu B, 56.25,40

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. The plaintiff asserted and judged (1) The former owner of this case.

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