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(영문) 인천지방법원 2017.04.18 2015구단51207
이행강제금 부과처분 취소
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. On November 12, 2012, with respect to the lease period of 330.58 square meters, part of the land in Yeonsu-gu Incheon Metropolitan City B, which is public property, from September 21, 2012 to September 20, 2014; with respect to the lease period of 169.42 square meters, the Plaintiff obtained permission for use and profit-making (hereinafter the above 330.58 square meters and the aggregate of 500 square meters and 169.42 square meters, from November 12, 2012 to September 20, 2014, the Plaintiff obtained permission for construction of a temporary building from the Defendant for the period of November 23, 2012 to September 20, 2014 (hereinafter referred to as “the temporary building of this case”); and the building of 300 square meters and 500 square meters on the land in the instant case, for which the construction of the elderly facilities (social welfare facilities);

B. However, in an audit conducted on the waterworks business headquarters in Incheon Metropolitan City from September 5, 2013 to September 13, 2013, it was pointed out that the permitted purpose of the building of the instant land is limited to public office buildings and their appurtenant facilities, and thus, it was impossible to construct a temporary building under Article 20 of the Building Act, but it was pointed out that it was permitted to use and benefit from public property without consulting with the Defendant in charge of urban planning and building permission.

C. On August 12, 2014, the Defendant sent a notice of expiration of the retention period of the instant temporary building by registered mail to the effect that the retention period of the instant temporary building was not extended on September 20, 2014 due to the Plaintiff’s representative director C’s resident registration “Ycheon-gu D, Seocheon-gu, Incheon-gu, and Subdivision-ho, the domicile of the Plaintiff’s representative director, and that it was impossible to extend the retention period of the instant temporary building on September 20, 2014, and issued a corrective order following the expiration of the retention period of the temporary building by registered mail on October 14, 2014 and November 21, 2014, each of the corrective orders following the expiration of the retention period of the temporary building and the enforcement fines on January 19, 2015, on May 15, 2015, on the ground that the Plaintiff did not comply with the corrective order following the expiration of the retention period of the temporary building.”

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