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(영문) 광주지방법원 2020.11.26 2020구합10968
건축이행강제금부과처분취소
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 is a corporation for the purpose of manufacturing and selling synthetic resin for agricultural and industrial purposes, and owns a factory on the ground B of the Jeonnnam-gun (hereinafter “instant factory”).

B. On February 23, 2018, the Plaintiff and the Plaintiff’s representative were found guilty of violating the Building Act as follows, and sentenced to a fine of KRW 5 million (No. 2017 Goju District Court Decision 2017 Gogi397). While the Plaintiff appealed, the appeal was dismissed on September 13, 2018 (No. 2018No797) and September 21, 2018, the first instance judgment became final and conclusive on September 21, 2018.

Defendant

C is the representative director of Corporation A located in Gwangju Mine-gu, and Defendant A is a corporation established for the purpose of manufacturing synthetic resin (pool) for agriculture and industrial use.

1. A person who intends to build or repair a building outside an urban area shall obtain permission from a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu

Nevertheless, from the beginning of March 2016 to the end of the same month, the Defendant posted the walls and the roof of 160 square meters of the front E-dong of the aforementioned factory E-dong and the front of 248 square meters and the front of 160 square meters, without obtaining permission from the competent authority, at a factory located in Pyeongtaek-gun B, which is a general industrial area, to a prefabricated-gun, and illegally extended the total floor area of 849 square meters by connecting the steel frame with the double-story structure on the 357 square meters inside the factory E-dong and the inside 84 square meters inside the factory F-dong.

2. The Defendant Company A, the representative of the Defendant, illegally extended the total floor area of 849 square meters in A factory Edong and Fdong as above with respect to the Defendant’s business.

C. On July 23, 2019 and September 16, 2019, the Defendant instructed the Plaintiff to voluntarily remove the parts recognized as illegal buildings in the said judgment, and notified the Plaintiff that the charge for compelling compliance is a plan to impose the charge for compelling compliance if the portion is not implemented by October 31, 2019.

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