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(영문) 수원지방법원 2017.11.22 2017구합63147
이행강제금부과처분취소
Text

1. On June 28, 2016, the Defendant issued a disposition imposing KRW 4,917,500 for compelling the performance of a non-compliant building against the Plaintiff on the Plaintiff on KRW 2,938.

Reasons

Details of the disposition

B around 1975, the Plaintiff’s husband (hereinafter “the instant land”) newly constructed a mentbro block house 24.96 square meters on the ground of the instant land without permission from D, which was the owner of the land of Yongsan-si, Osan-si (hereinafter “the instant land”). On July 22, 1983, the Plaintiff obtained approval for the completion of a specific building on the instant house prior to the extension (Ga No. 3 and 6), and thereafter, the instant house prior to the extension was extended over two times without a legitimate building report.

(A) On October 5, 2015, the Plaintiff and his family members are as follows: (a) the part of “A” connected in the order of each point of 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 18, and 7 of the instant land, which is 59 square meters of the brick, sand site location plate housing, 59 square meters of the same drawings; (b) the parts of “B” connected in order of each point of 9 square meters of the warehouse, 9 square meters of the same drawings, 20, 21, 22, 23, 20, 14, 15, 16, 17, 17, 18, and 7; and (c) the part of the cement block and the part of the instant cement block, 14, 25, 204, and 14, 25, and 14, 25.

(A) On October 7, 2015, the Defendant issued a second corrective order stating that “The portion of 60.04 square meters (the first house size - the area of the house before the instant extension - the area of 24.96 square meters) out of the first house of this case was extended without permission,” and that “the restoration of the house of this case to its original state is ordered until November 9, 2015,” and on November 13, 2015, the Defendant issued a second corrective order with the content that “the restoration of the house of this case to its original state by December 2, 2015.”

§ 2, 3, above.

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