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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. (1) On July 8, 2008, the Plaintiff purchased the instant land from the Defendant in KRW 920,00,000 from July 15, 2008, for the purpose of directly operating the building for welfare convenience facilities (in the land development plan manual, it is indicated as a reinforced concrete building for the purpose of using it as a manufacturing establishment of a size of 200 square meters in total floor area) on the land for welfare convenience facilities (hereinafter “instant land”). The Plaintiff purchased the instant land from the Defendant in KRW 3,160,000 from the Defendant, and completed the registration of ownership transfer on the following day.
(2) On October 13, 2009, the Defendant confirmed on October 13, 2009 that the instant land was not used for the original purpose of land transaction permission (the first day of May, 2009 was scheduled to commence its use), and on October 15, 2009, notified the Plaintiff of the obligation to use the land for the original purpose (the due date: January 14, 2010). On March 4, 2010, the Defendant imposed the enforcement fine of KRW 92,00,000 (i.e., land acquisition price of KRW 920,000,000 x 10/100) on the Plaintiff on the ground that the Plaintiff did not implement it.
(3) Nevertheless, the Plaintiff did not use the instant land for its original purpose. On January 10, 201, the Defendant again notified the Plaintiff of an obligation to use the instant land for its original purpose (the due date: February 20, 201). On April 13, 2011, the Plaintiff imposed a enforcement fine of KRW 92,000,000 on the Plaintiff on the ground that the Plaintiff did not implement it (i.e., land acquisition price of KRW 920,000,000 x 10/100).
(hereinafter “instant disposition”). (b)
On the other hand, on April 10, 2007, C obtained permission for mountainous district conversion (exclusive use period: from April 2007 to April 30, 2009: neighborhood living facilities (office, user, and retail store); hereinafter “instant permission for mountainous district conversion”) from the Defendant. The Plaintiff obtained permission for mountainous district conversion from the Defendant on July 3, 2008.