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(영문) 울산지방법원 2015.04.09 2014구합5549
건축이행강제금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

A. After filing an application for extension with a view to extending the total floor area of 989 m2m2, the construction of the above slabs was done.

C. However, on September 1, 2014, the Defendant discovered that the Plaintiff did not complete permission for the said extension permission, and deemed that such Plaintiff’s act violated Article 11 of the Building Act, and thus, the Plaintiff’s restoration to its original state by October 2, 2014, but filed a complaint pursuant to Article 111 of the Building Act, if the correction is not made within the said period, and the Defendant’s notification that the enforcement fine should be imposed pursuant to Article 80 of the same Act.

On September 5, 2014, the Plaintiff submitted a written reply to the Defendant that it would impose a charge for compelling the performance on the Defendant instead of restoring the said charge to its original state, and the Defendant imposed a penalty surcharge of KRW 105,102,50 (hereinafter “instant disposition”) and a charge for compelling the performance, calculated as follows, on the Plaintiff.

105,102,50 won = 425,00 won = 425,00 won x 494.6 square meters x 50% x 50% x 500,659 [the standard amount of new construction price of a building in 2014 (the standard amount of new construction price of a building in 2014) x 0.6 (Rescue index) x 1.23 (Purpose Index) x 1.06 (Location Index) x 1.00 won x 50,000 won for a building for which basic construction was not performed, which is the amount less than 50,000 won.

E. On September 11, 2014, the Plaintiff paid enforcement fines, and the Defendant permitted extension of the instant building on the same day, and approved use of the instant building on October 10, 2014.

[Reasons for Recognition] The facts without dispute, Gap evidence 1 through 8, 10 to 13, Eul evidence 5 to 10 (including the branch numbers), the purport of the whole pleadings

2. The legality of disposition.

A. According to the Plaintiff’s assertion 1, Article 80(3) of the Building Act, where enforcement fines are imposed, the amount, reason for imposition, payment deadline, receiving agency, and objection.

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