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(영문) 서울행정법원 2014.05.23 2012구단8642
이행강제금부과처분취소
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 the owner of three underground floors and six above ground C Building in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant building”).

The Defendant’s order of correction of the content of an extension of 5 square meters without authorization, and 188 square meters of 188 square meters of 188 square meters of 188 square meters of 208.1 October 29, 2008, 76,328,002. 24 November 24, 2009. 76, 74,730,000 of 201 square meters of 205 square meters of 205 square meters of 205 square meters of 206.3 square meters of 205 square meters of 205 square meters of 205 square meters of 205 square meters of 205 square meters of 205 square meters of 16.205 square meters of 205 square meters of 205 square meters of 205 square meters of 205 square meters of 205 square meters of 19.15.2010

B. The Defendant ordered the Plaintiff to voluntarily correct the unauthorized extension of the building below on the ground that the building of this case was extended without permission, and ordered the Defendant to impose a non-performance penalty if the corrective order was not complied with.

C. As the Plaintiff failed to comply with the above corrective order, the Defendant imposed a non-performance penalty on the Plaintiff as stated in the above table.

(hereinafter referred to as "disposition Nos. 1 through 5 of this case" is specified in the number recorded. 【The ground for recognition' has no dispute, each entry of Gap, 9, Eul, 1 through 9, 13 through 16, and (including each number, if any) and the purport of the whole pleadings.

2. Summary of the plaintiff's assertion

A. As to the claim for confirmation of invalidity of the instant case, a new corrective order based on one air survey is erroneous.

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