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(영문) 창원지방법원 2020.10.07 2019구단11607
건축이행강제금부과처분취소
Text

The Defendant’s imposition of enforcement fines of KRW 7,731,00 on April 30, 2019 exceeds KRW 1,932,819.

Reasons

Details of the disposition

Plaintiff

On February 20, 2014, A completed the registration of ownership transfer on three detached houses (four households) of the third floor of reinforced concrete structure D in Kimhae-si, Kimhae-si. On April 15, 2010, Plaintiff B completed the registration of ownership transfer on three detached houses (four households) of the E-ground reinforced concrete structure slive roof in Kimhae-si, Kimhae-si, 2010.

C around 2011, without obtaining a building permit under the Building Act, 5 households, 2nd floor, 5 households, and 3rd floor were divided into 5 households, and 4th floor, and 2 households were extended.

Plaintiff

B made a large-scale repair of the first floor of the above E-ground building to four households, the second floor to five households, and the third floor to five households, and the fourth floor to two households.

B. After discovering each of the above facts, the Defendant issued a corrective order pursuant to the provisions related to the Building Act. Since each of the above parts was corrected but the parts was not corrected, on April 30, 2019, the Defendant issued a corrective order to the Plaintiff A with the number of KRW 7,731,00 equivalent to 3% of the current base value of the pertinent building (per 7,731,000 won less than 25,912,962 won), and on April 29, 2019, the Plaintiff B imposed a corrective order with KRW 6,77,388 equivalent to 3% of the current base value of the relevant building (per 16380, Apr. 23, 2019; hereinafter the same shall apply) Article 80(2) of the former Building Act (amended by Act No. 16380, Apr. 23, 2019); Article 115-3(2)3 of the Enforcement Decree of the Building Act (hereinafter referred to as “each of this case”).

[Grounds for recognition] In the absence of dispute, Gap evidence Nos. 1, 2, and 3-2, 7-2, and Eul evidence Nos. 2 through 5-1, 2-2-2, and the overall purport of the pleadings is legitimate, the standard market price, which is the basis for calculating the amount of enforcement fines against the plaintiffs as to the calculation rate of the amount of enforcement fines against the plaintiffs as to whether the disposition of the whole purport of the pleadings is legitimate, is a building in 2019.

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