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(영문) 수원지방법원 2016.08.17 2016구합61540
과징금 및 이행강제금 처분취소
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. The Plaintiff: (a) laid 30 square meters of the floor of a plastic house located in the land B (hereinafter “instant land”); and (b) constructed a building on the ground of the prefabricated panel (hereinafter “instant building”).

B. On October 29, 2014, the Defendant issued an order to correct the Plaintiff’s restoration to the original state on November 6, 2014, by deeming that the Plaintiff changed the form and quality of 32 square meters out of the floor of a vinyl in violation of Article 12 of the former Act on Special Measures for Designation and Management of Development Restriction Zones (amended by Act No. 13670, Dec. 29, 2015; hereinafter “former Development Restriction Zone Act”).

C. On April 13, 2015, the Defendant: (a) as a result of a field investigation, corrected the area of illegal changes in the form and quality as 30 square meters; and (b) constructed the instant building, which is a building for management without permission, by the Plaintiff.

On April 14, 2015, the Defendant calculated enforcement fines as follows, and notified the Plaintiff of the pre-announcement of imposition of enforcement fines, and imposed KRW 2,070,900 on November 25, 2015 (hereinafter “instant disposition”).

Illegal construction: 213,00 won [650,00 won as of the standard amount of new price of a building 2015 x usage index (0.8) x structural index (0.5) 】 Location index (0.86) x (0.86) x area of each past year x 30 square meters x imposition rate x 0.25 (violation of reported matters) x illegal land price of KRW 1,597,500 】 Illegal land price of KRW 52,600 x 30 square meters of a violated area x 473,400 x total 2,070 won of a building: 30 x no dispute over the grounds / 2,070 / 3,90 / 4,000 / each of the items stated in subparagraphs 1 through 4, 5 and 4, and the purport of the whole pleadings and arguments as a whole.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff 1 laid down the floor of a vinyl with concrete and constructed the instant building is an act of installing a “sloping room” in a vinyl house.

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