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(영문) 수원지방법원 2017.09.15 2017구단1234
건축이행강제금부과처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. (1) On July 23, 1998, the Plaintiffs newly constructed the instant building A’s ground (the instant building) at Ansan-si, and completed the registration of ownership preservation (the co-owner’s share 1/2) under their names, and extended without permission as follows.

C on May 26, 2016, the Defendant notified the Plaintiffs of the corrective order by pointing out the violation of the Building Act, and issued the deadline for submitting their opinions by June 27, 2016.

On June 2016, the Plaintiffs submitted a written opinion to the Defendant that “The period for submitting a corrective order is extended to October 27, 2016, as the Plaintiffs agreed on the procedures and methods for the correction, such as voluntary removal, with tenants.”

On June 21, 2016, the Defendant notified the Plaintiffs that the period for issuing a corrective order is extended by October 27, 2016.

On October 2016, the Plaintiffs submitted to the Defendant a written opinion to the effect that “The 28.9 square meters of a middle floor general restaurant was restored to its original state after the lessee reported the closure of business, and that the 39 square meters of a general restaurant of the 2nd floor, 17 square meters of a general restaurant of the 1st floor and 3.78 square meters of a general restaurant of the 1st floor (ware) shall be reported by the lessee until October 2016 and the 3.78 square meters of a general restaurant of the 1st floor shall be demanded by the lessee to return the closure of business until October 2016, the deadline for the payment of the corrective order shall be extended, and that the 23.98 square meters of a 4nd floor office (beon), and 9.5 square meters of a 4nd floor office (water tank room) shall interfere with the restoration to the original state and it is impossible to enter the building name lawsuit, thereby

On November 9, 2016, the defendant ordered the plaintiffs to take corrective measures, such as voluntary removal, against the following violations, by November 30, 2016, pursuant to Article 79 of the Building Act. On November 30, 2016, the defendant notified the plaintiffs that if the corrective measures are not implemented, the enforcement fine should be imposed in accordance with Article 80 of the Building Act.

C. A lessee who resides on the fourth floor of a building on November 28, 2016 and resides in the defendant around November 2016.

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