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(영문) 대구지방법원 2020.01.15 2019구합615
이행강제금 부과처분취소
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Basic facts

A. On December 15, 2010, B purchased D Forest land 5,355 square meters in Daegu-gun, Daegu-gun, which was designated as a development restriction zone from C on December 15, 2010 (hereinafter “instant forest”). On the 10th of the same month, B obtained permission for land transaction contract by setting the purpose of use from the Defendant for forestry.

B. Around 2015, the Plaintiff, the father of B, cultivated crops in the 1,300 square meters of the instant forest land (hereinafter “instant arable land”).

C. On August 27, 2015 and October 2, 2010 of the same year, the Defendant ordered the Plaintiff to take corrective measures and corrective measures to restore the instant cultivated land to its original state pursuant to Article 30(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Development Restriction Zones Act”) on the ground that the Plaintiff violated Article 12 of the Act on Special Measures for Designation and Management of Development Restriction Zones by doing an act of changing the form and quality of land, such as farming, in the instant cultivated land without permission.

However, the Plaintiff did not restore the instant arable land to its original state.

Accordingly, on November 11, 2015, the Defendant issued a disposition imposing KRW 588,900 for the enforcement fine pursuant to Article 30-2(1)2 of the Development Restriction Zone Act to the Plaintiff on November 11, 2015 (hereinafter “the first disposition”), and the Plaintiff received the written disposition following the following day.

E. The Defendant once again falls under the case of February 12, 2016 and the same year.

3. On two occasions, on May 19, 2016, the Plaintiff requested correction and correction of the instant farmland, and issued a disposition imposing KRW 588,900 for non-performance penalty to the Plaintiff on May 19, 2016, following the procedure for notification of the scheduled imposition of non-performance penalty (hereinafter “the second disposition”), and the Plaintiff imposed the same year.

5. 23. Receipt of the above disposition

F. The Defendant once again on August 12, 2016 and the same year

9. 22. On two occasions, the Plaintiff was urged to take corrective measures and demand rectification as to the instant arable land, and the enforcement fine is KRW 627,900 on November 17, 2016 following the procedure of notification of scheduled imposition of enforcement fines.

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