The judgment of the first instance shall be revoked.

The Defendant imposed KRW 1,800,000 on the Plaintiff as of June 20, 2014.

1. The summary of the case and the facts premised on the case

A. The summary of the instant case pertains to the Plaintiff’s imposition of KRW 1.8 million for non-performance penalty issued by the Defendant on the ground that the Plaintiff, in violation of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Act on the Management of Development Restriction Zones”), installed a breeding facility on the land located within the development restriction zones, but failed to comply with the corrective order issued by the Defendant, and thus, the Plaintiff took corrective measures prior to the disposition, and thus, sought revocation of the disposition imposing non-performance penalty against the Defendant by asserting that the requirements for imposing non-performance

The judgment of the first instance dismissed the Plaintiff’s claim on the ground that the Plaintiff did not comply with the Defendant’s order to correct the charge for compelling compliance until the time the Plaintiff imposed the charge for compelling compliance. The Plaintiff appealed against this and filed an appeal.

[Attachment of the relevant Acts and subordinate statutes]

B. Under the premise, evidence 1, A2-1, A2-2, 3, B-1, 2, 3, 4, B-1, 2, 3, 4-1, 2, 7, 9, and the purport of the entire pleadings (i.e., the parties to the case are growing industrial products by holding the Seoul Gangnam-gu and C land belonging to the development restriction zone (hereinafter “D land”).

⑵ 원고의 산양을 기르기 위한 사육시설의 설치 ㈎ 원고는 2013. 7. 무렵 D 토지 519㎡ 중 45㎡ 위에 인접한 서울 강남구 E 도로의 옹벽을 이용하여 나머지 3면을 ‘ㄷ'자 형태로 창살 울타리를 만들어 그 위에 덮개를 설치하는 방법으로 산양을 기르는 사육시설을 설치하였다.

㈏ 원고는 2013. 7. 25. 피고에게 ‘F’이란 사업장의 이름으로 D 토지에 산양 19마리를 기르기 위한 철재울타리를 설치하여 가축사육업을...