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(영문) 서울고등법원 2020.04.08 2019누62590
이행강제금 반복 부과처분 무효 확인의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The grounds for the court’s explanation concerning this case are as stated in the relevant part of the judgment of the first instance except for the modification of the pertinent part of the judgment as follows 2. Thus, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. The amended portion of 2.5 pages of the Building Act are as follows: “The former Building Act (amended by Act No. 16380, Apr. 23, 2019; hereinafter “Building Act”)”.

3. The 3rd 8th Does "whether the 3. Disposition is legitimate" is "whether the 3. Disposition is null and void."

The 3th 10, 11th 11th am "not subject to the enforcement order under Article 80 (1) of the Building Act" is " not giving an opportunity to implement the corrective order under the main sentence of Article 80 (1) of the Building Act."

4 The term "Gu Building Act" of the 6th place shall be advanced into "Building Act".

7 The following shall be added to the 11st page:

On June 14, 2013, the Defendant issued a corrective order to the Plaintiff regarding the building in violation of the Building Act (No. 3-1), which constitutes a corrective order under Article 79(1) of the Building Act.

Therefore, in relation to the imposition of enforcement fines on the fourth floor of this case, the Defendant’s corrective order (No. 11-2) issued on November 5, 2013 and the imposition of enforcement fines on the first to third floor of this case on April 8, 2014 constitutes the provision of an opportunity to implement the corrective order related to the imposition of enforcement fines under Article 80(1) of the Building Act, and thus, it cannot be deemed that the procedure for providing an opportunity to implement the corrective order is incomplete.

It argues to the effect that “.....”

In light of the above facts, Gap evidence Nos. 1, 2, 4, 5, Gap evidence No. 11-4, Gap evidence No. 12-1 through 4, Eul evidence No. 12-1 through 3, and Eul evidence No. 3-1 through 6, the whole purport of the pleadings is reviewed.

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