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(영문) 전주지방법원 2018.05.10 2017구합1565
위반건축물이행강제금부과처분취소
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 is holding a building of a static and a warehouse (hereinafter “instant refineries”) within the area of 212 square meters in Basan-si, Gasan-si.

B. The Defendant issued the first corrective order that “the instant building was voluntarily removed until December 8, 2016,” on the ground that the Plaintiff constructed a general steel structure 61.16 square meters (hereinafter “instant building”) among the instant oil refineriess without obtaining permission or filing a report. As the Plaintiff did not comply therewith, the Defendant issued the second corrective order that “the instant building would be voluntarily removed until January 16, 2017,” and the second corrective order that “the instant building would be removed by January 16, 2017,” and the second corrective order would be imposed if the said corrective order was not complied with.

C. On January 19, 2017, the Defendant notified the Plaintiff that the enforcement fine of KRW 4,330,120 should be imposed, and notified the Plaintiff that the enforcement fine of KRW 2,935,680 was modified on February 1, 2017, and issued a disposition imposing the enforcement fine of KRW 2,935,680 on February 21, 2017 (hereinafter “instant disposition”).

In response to the instant disposition, the Plaintiff filed an administrative appeal with the Jeollabuk-do Administrative Appeals Commission, but the Plaintiff’s claim was dismissed on May 30, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 6, 8, the purport of the whole pleadings

2. Determination as to the illegality of the instant disposition

A. The summary of the Plaintiff’s assertion 1) The corresponding building ledger is existing as to the instant building, and furthermore, registration of preservation of ownership was completed on February 24, 2017. Therefore, the instant building is not an illegal building. (2) The instant disposition that the Defendant imposed KRW 4,330,120 on the instant building without permission and imposed KRW 4,30,120 for the first time on the instant building without permission, but the Plaintiff raised an objection to the enforcement fine to KRW 2,935,680 is unlawful.

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