logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.06.10 2012구단8635
이행강제금부과처분무효확인등
Text

1. The Defendant imposed KRW 256,377,130 on the Plaintiff on December 28, 201, and KRW 245,67,270.

Reasons

1. Details of the disposition;

A. On June 1, 2003, the Plaintiff purchased a building B, 252.2 square meters and its ground (hereinafter “instant Gu building”) and completed the registration of ownership transfer on June 28, 2003. On July 16, 2003, the Defendant discovered the fact that the total of 64 square meters of the previous building was illegally expanded, and imposed a non-performance penalty on the Plaintiff from September 201, 2013.

B. On October 13, 2006, the Defendant issued an order to correct the illegal extension part of the previous building of this case to the Plaintiff. On November 27, 2006, the Defendant issued an order to impose KRW 21,888,000 for compelling the performance on November 27, 2006, and provided an opportunity to state opinions, and issued a disposition imposing KRW 21,88,000 for compelling the performance on December 20, 2006 (hereinafter “instant disposition 1”).

C. On February 28, 2006, the Plaintiff was the owner and contractor of the D Building located in Gangnam-gu Seoul Metropolitan Government and B (hereinafter “instant building”), and was granted a building permit of the size of the 2,303.64 square meters above the ground level from the Defendant, and removed the instant building on February 28, 2007, and the construction of the instant building was commenced on February 28, 2007. On July 4, 2007, the Plaintiff changed the design of the 2,287.3 square meters above the ground level to the 2,287.3 square meters above the total floor size (hereinafter “the first design change”), and completed the construction by around October 28, 2007 through around November 6, 2007.

On November 2008, the Plaintiff: (a) changed the design with a total floor area of 2,311.12 square meters on a scale of 2,31.7 meters below the ground, 2,5 stories above the ground, 17.7 meters above the ground; and (b) removed the part of the 6th floor after obtaining permission for the change thereof (hereinafter “the second design change”); and

On March 6, 2009, the Plaintiff obtained approval for the use of the building of this case on March 6, 2009, completed registration of preservation of ownership on March 31, 2009, and owned the building of this case until now.

On March 10, 2010, the Defendant issued a corrective order to the Plaintiff to correct up to April 10, 2010, since it violated the Building Act, as set forth in the sequence 1, 2, and 3 below, and the Plaintiff on March 18, 2010.

arrow