(영문) 서울행정법원 2015.04.30 2014구단16098

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(영문) 서울행정법원 2015.04.30 2014구단16098

건축이행강제금부과처분취소

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is the manager of the building on the ground of 1197-2, Gangnam-gu, Seoul (hereinafter “instant building”).

B. On June 5, 2013, the Defendant discovered the fact that a building of 238 square meters is constructed on the second floor of the instant building without permission.

C. Although the Defendant notified the Plaintiff of the corrective order and the imposition of the charge for compelling compliance, the Defendant issued a disposition imposing the charge for compelling compliance amounting to KRW 55,335,000 on December 26, 2013 (hereinafter “instant disposition”) pursuant to Article 80 of the Building Act.

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on or around February 17, 2014, but the said claim was dismissed on or around May 26, 2014, and the written ruling was served on the Plaintiff on August 21, 2014.

[Reasons for Recognition] Facts without dispute, Gap 1 to 14 evidence, Eul 1 to 14 evidence (including each number), and the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The defendant's assertion of this case was filed after the expiration of the period for filing the lawsuit, so it should be dismissed as illegal.

B. We examine the judgment, and pursuant to Article 20(1) of the Administrative Litigation Act, a revocation lawsuit shall be filed within 90 days from the date on which the Plaintiff was served with the original copy of the written adjudication. It is evident in the records that the instant lawsuit was filed on November 21, 2014, even after the lapse of 90 days from the date on which the Plaintiff was served with the original copy of the written adjudication.

(A) The Plaintiff itself recognizes that the instant lawsuit was filed with the lapse of the filing period. Accordingly, the instant lawsuit is unlawful as it was filed with the lapse of the filing period.

3. It is so decided as per Disposition by the assent of all participating Justices, since the lawsuit of this case is unlawful.

참조조문

-건축법 제80조

-행정소송법 제20조 제1항

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