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수원지방법원 2018.12.11 2018구합68767
이행강제금 부과처분 무효확인
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1. The Defendant’s imposition of KRW 34,465,00,000, which was imposed by the Plaintiffs on July 27, 2017, is KRW 9,524,00.

Reasons

1. Details of the disposition;

A. The Plaintiffs are the persons holding one-half shares of each of the four-story detached houses of reinforced concrete structure C, a reinforced concrete sloping roof located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu (hereinafter “instant housing”).

B. The instant housing was registered as a non-compliant building on August 8, 2013 on the ground that landscaping and damage of the part of 3.9 square meters on the 1st floor on August 1, 2013, and substantial repair of the part of 121.19 square meters on the 3rd floor (one household)

On July 27, 2017, the Defendant issued an order to correct a violation of the Building Act, and issued a disposition to order the Plaintiffs to pay enforcement fines of KRW 34,465,00 ( KRW 34,384,00 for large-scale repair violation and KRW 81,00 for landscaping damage of KRW 34,384,00) in accordance with Article 80 of the Building Act.

(hereinafter “instant disposition”). C.

The building details of the building register of this case are written into a reinforced concrete structure sloping roof, a reinforced concrete structure sloping roof, and the current status of the building register is written into a second floor multi-family house (2 households), a third floor multi-family house (1 household), and a fourth floor multi-family house (1 household).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is erroneous in the application of Article 80(1)2 of the Building Act, Article 4(2) of the Local Tax Act, Article 4(1)1 of the Enforcement Decree of the Local Tax Act, and Article 4(1)2 of the Enforcement Decree of the Local Tax Act, and Article 0.25 of the calculation ratio of the large-scale repair of a building built of reinforced concrete according to the “standard for the adjustment of building and other standard market prices for building in 201

A non-performance penalty calculated in accordance with the above adjustment criteria is KRW 9,524,00 (a major repair violation KRW 9,443,000). Thus, the part exceeding the above amount in the disposition of this case is null and void.

(b) as shown in the attached Form of the relevant statutes;

C. As to the determination of defects, Article 80(1)2 of the Building Act of the relevant legal doctrine.