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(영문) 수원지방법원 2019.01.11 2018구단8706
이행강제금부과처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On September 28, 2001, on September 28, 2001, the registration of transfer of ownership in the Plaintiff’s name (the cause of registration was September 5, 2001) was completed with respect to (i) B, B, 328 square meters (hereinafter “B”) and C, 1692 square meters (hereinafter “C land”).

On the land B, the Plaintiff newly constructed one-story living facilities of one-story in light steel structure and one-story residential building of 196.73 square meters (hereinafter “market building”) on the land, and completed the registration of preservation of ownership in the Plaintiff’s name on February 14, 2002. On around 2011, the Plaintiff changed the use of the building at issue to the second-class neighborhood living facilities (retail stores) with the total floor area of 29.73 square meters on the second-class residential facilities (retail stores).

around June 2012, the Defendant issued a corrective order to reinstate the Plaintiff up to September 15, 2012, based on Article 30 of the Act on Special Measures for Designation and Management of Development Restriction Zones, on July 24, 2012, on the following grounds: (a) the content of the act that the owner of a site location did not engage in any illegal act; (b) the structure/land category B; and (c) the warehouse of A Extension A; and (d) the warehouse of A extension warehouse of 43.62 square meters; and (b) around June 2012:

Article 30-2 of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter referred to as the “instant disposition”), the Defendant, following lawful procedures, issued the instant disposition imposing enforcement fines of KRW 4,816,000 on the Plaintiff on June 18, 2018.

【Unsatisfy-based dispute on the ground of recognition】 The evidence Nos. 1-2, 1-2, 2-1, 2-2, 1-3, 1-3, and the purport of the whole pleadings

2. (1) According to Articles 30(1) and 30-2(1)1 and (2) of the Act on Special Measures for Designation and Management of Development Restriction Zones, and the attached Table 5 of Article 41-2(1) of the Enforcement Decree of the same Act, where the head of a Si/Gun/Gu finds any act of constructing a building without permission under the proviso to Article 12(1) of the Act on Special Measures for Development Restriction Zones or Article 13, he/she shall be the owner or manager of the building or structure used for

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