1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

The Plaintiff is an owner of the area of 152 square meters (hereinafter referred to as the “instant land”) in Gyeyang-gu, Gyeyang-gu, Gyeyang-gu, Seoul, which is located within a development-restricted zone.

On August 31, 2015, the Defendant issued a prior notice to the effect that the Plaintiff violated Article 12(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “instant violation”) by changing the form and quality of the instant land into a parking lot and newly building using a container on the instant land (hereinafter “instant violation”). On October 20, 2015, the Defendant issued a corrective order to reinstate the instant land by November 18, 2015, “if there is an opinion that the instant violation would be able to restore the land to its original state within a prompt time due to the imposition of corrective order and a non-performance penalty, the Defendant would impose a non-performance penalty on the Plaintiff by no later than 26,08 won for compelling the performance.” On January 12, 2016, the Defendant imposed a non-performance penalty by no later than 201,00 won for compelling the performance on the ground that the instant land did not go to its original state until February 11, 2016.”

(이하 위 사전통지, 시정명령, 부과예고를 ‘이 사건 사전처분 등’이라 한다). 이에 원고는 피고에게, 2016. 1. 28. ‘현재 주차하고 있는 차를 옮길 수 있는 곳을 알려주면 원상복구를 하겠다’, ‘꽁꽁 언 땅이라 원상복구가 어렵다’는 등의 내용이 기재된 의견제출서를, 2016. 2. 3. '2016. 3. 31.까지 자진원상복구하고, 기한 내 이행하지 않을 경우 행정조치에 어떠한 이의도 제기하지 않겠다

‘The statement of restoration performance' was submitted respectively.

Accordingly, on February 5, 2016, the defendant extended the period of restoration to the original state by March 31, 2016.

The defendant, who did not restore the land of this case to its original state by the deadline specified in the above letter of performance, on August 25, 2016.