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(영문) 대전지방법원 2019.09.05 2018구합108314
건축이행강제금부과처분취소
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. The Plaintiff’s acquisition of the Plaintiff’s building ownership 1) The date of approval for use is January 2, 2012 (see, e.g., Seo-gu, Daejeon Inquiries Inquiries Inquiries Inquiries 15, Jun. 12, 2019) Seo-gu, Daejeon, Seo-gu, Daejeon, which is the 6th class 1 and 2 neighborhood living facilities of the roof (hereinafter “instant building”).

On September 25, 2014, the instant building is owned by the owner of the entire share of his/her co-owner, i.e., the transfer registration of all co-owners, and after completing the registration of ownership transfer (see subparagraph 1). (2) The first floor of the instant building is the area of 374.23 square meters, and the use on the general building ledger is the second-class neighborhood living facilities (general restaurants) and the first-class neighborhood living facilities (retail stores), and the second floor is the area of 219.78 square meters and the use on the general building ledger is the second-class neighborhood living

(See, 12 June 12, 2019, Seo-gu, Seo-gu, Daejeon, see 14 pages).

The Plaintiff’s 1, 2, and C’s “D” management Plaintiff leased to C the entire 1,2 stories, including a portion equivalent to 350 square meters, part of the 1st floor of the instant building, and C had operated the trade name “D” from the 1,2nd floor of the instant building (see, e.g., evidence 5). On March 17, 2016, the Plaintiff entered into a lease contract with the said C with a deposit of KRW 100,000,000, KRW 10,000, monthly rent of KRW 10,000,000, and KRW 10,000,000 for a fixed period of two years.

(A) Evidence Nos. 2, 33 of the Seo-gu Inquiries Inquiries Inquiries Inquiries, and 3 of the Plaintiff’s complaint, June 12, 2019

The Defendant’s imposition of enforcement fines against the Plaintiff, and the Plaintiff’s objection 1 to the Plaintiff, and on June 11, 2018, “the imposition of enforcement fines (the imposition of enforcement fines) in the year 2017 on the instant building” refers to the modification of the purpose of use of the instant building 1 and 2 to amusement facilities without permission (see, e.g., Seo-gu Inquiry Inquiries, Daejeon, Daejeon, as of June 12, 2019).

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