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(영문) 서울고등법원 2016.07.01 2015누57002
건축이행강제금부과처분취소
Text

The judgment of the first instance shall be revoked.

On February 27, 2014, the Defendant paid enforcement fines to the Plaintiff KRW 15,72,610.

Reasons

1. Facts that there is no dispute over the details of the disposition (based on recognition), Gap 1, 2, 3, 6, 7, Eul 1, 3, and the purport of the whole pleadings;

A. On November 3, 2009, the Plaintiff purchased a field B 2,102 square meters (hereinafter “instant land”) designated as a development-restricted zone in Gwangju-si, Gwangju-si (hereinafter “instant land”) from C and used it as dry field.

B. From September 29, 201 to October 10, 2013, Gwangju City Mayor ordered the Plaintiff to restore the land category of the instant land to its original state on the ground that the land category of the instant land was changed to its original state on the ground that, regardless of whether or not to amend the former Act on Special Measures for Designation and Management of Development Restriction Zones (Amended by Act No. 12633, May 21, 2014; hereinafter the same shall apply), the instant land, which is a development restriction zone, was filled up and used as a dry field and landscape was planted as a dry field without legitimate permission or reporting under Article 12 of the Act on Special Measures for Designation and Management of Development Restriction Zones.

(hereinafter referred to as “instant corrective order”). The Plaintiff did not object to the instant corrective order and caused disputes.

C. On October 28, 2013, the Plaintiff reported to the Defendant on the act within a development-restricted zone for changing the form and quality of the instant land. However, on the following grounds: (a) on October 28, 2013, the Plaintiff received a notice of rejection of the report on the act within the development-restricted zone (hereinafter “instant return disposition”) stating that “it is possible to render legitimate legal use at the time of granting permission for or reporting the change of the form and quality after the completion of restoration to the original state on several occasions due to the illegal acts, such as unauthorized diversion and use for other purposes, planting landscape trees, fume, reclamation, etc., on the instant land without due to lawful changes

As the Plaintiff did not restore to its original state within the period specified in the instant corrective order, the Defendant issued a notice of imposition of a non-performance penalty on January 17, 2014, and issued a non-performance penalty of KRW 15,722,610 on February 27, 2014 (a non-quality change of KRW 15,228,90 and a structure installation of KRW 493,620).

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