logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.05.17 2015누64413
기타이행강제금부과처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. On February 20, 2010, B: (a) the land located in Gyeyang-gu Incheon Gyeyang-gu Incheon Metropolitan City E including the above two land (hereinafter referred to as “E”) and the land located in Incheon Gyeyang-gu, which is designated as a development-restricted zone to the Defendant; (b) the Defendant applied for permission to change the form and quality of the land (hereinafter referred to as “each land of this case”) on the aggregate of the above two land; and (c) the Defendant was granted permission to change the form and quality of the land from the Defendant on March 9, 2010.

B. After that, the Plaintiff, who acquired the ownership of C land from B on September 21, 201, and L, who acquired the ownership of D land on August 8, 201, succeeds to the status of the person who was permitted to change the form and quality of the land in B as above, and on February 16, 2012, the Defendant reported the change of the form and quality of each of the instant land (the change of the form and quality, and 0.5 meters banking) to the Defendant on February 23, 2012, and received a report completion certificate from the Defendant on February 23, 2012.

C. The plaintiff and L are above.

On October 25, 2012 through November 24, 2012, according to the permission to change the form and quality of land as stated in Paragraph (1), the land of this case was filled up and conducted, and after applying for a completion inspection of development activities on the change of the form and quality of land, and completed development activities from the Defendant on May 22, 2013.

After that, the plaintiff and L are above.

According to the report on change of the form and quality of land entered in the port, from July 5, 2013 to July 12, 2013, the additional banking was conducted on each of the instant land, and the additional banking was conducted on each of the instant land even around the beginning of August 2013.

E. On July 4, 2013, the Defendant confirmed the fact that the Plaintiff installed and filled a fume pipe on the F land (natural waterways) owned by the Ministry of Land, Infrastructure and Transport adjacent to C land without permission, and then laid down the F land without permission approximately 2.5m high, and ordered the Plaintiff to voluntarily rectify the foregoing illegal matters until August 9, 2013.

However, M, who is an employee of the defendant, is an employee of M on 7, 2013

4. As to the parcel at the time of the aforementioned illegal reclamation site inspection.

arrow