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1. All of the plaintiff's main claims are dismissed.
2. The Defendant’s KRW 27,432,00,000, owed to the Plaintiff on November 10, 2016.
Reasons
1. Details of the disposition;
A. On December 20, 2006, the Plaintiff as the Plaintiff was entrusted with the land of 175 square meters (hereinafter “instant land”) outside 11, Seo-gu, Daegu-gu (hereinafter “instant trust land”) from the KNland Co., Ltd. (hereinafter “KNland”), and completed the registration of ownership transfer for the instant land on the same day.
B. (1) The Defendant’s corrective order 1) via the aerial photography taken from around 2013 to around 2014 on the instant land via the aerial photography taken from around 2015 to around 2014, the sales panel general restaurant on the instant land (hereinafter “instant building”).
(2) On December 18, 2015, the Defendant issued a corrective order to remove the instant building by January 18, 2016 pursuant to Article 79(1) of the Building Act to the Plaintiff, a trustee of the instant land, on the ground of the violation of Article 11 of the Building Act (hereinafter “instant corrective order”); and on January 21, 2016, the Plaintiff urged the Plaintiff to refuse to comply with the order.
C. On June 28, 2016, the Plaintiff did not comply with the instant corrective order. On March 7, 2016, the Defendant notified the Plaintiff of the scheduled imposition of enforcement fines that the instant building would impose enforcement fines if not removed by March 31, 2016. On June 28, 2016, the Defendant imposed KRW 26,640,000 for enforcement fines as follows.
(hereinafter Amount: Reasons for imposition of KRW 26,640,00: The deadline for payment under Article 79 of the Building Act: By July 26, 2016, the imposition of enforcement fines for the first time in the instant case is referred to as "disposition imposing enforcement fines for the first time in the instant case".
On November 10, 2016, the Defendant imposed KRW 27,432,00 on the Plaintiff again on November 10, 2016, imposing a non-performance penalty of KRW 27,432,00 on the following content:
(hereinafter “Disposition imposing charges for compelling the second generation of this case”). Amount to be imposed: Amount to be imposed KRW 27,432,00: Payment deadline under Article 79 of the Building Act: 【Ground for Recognition” by December 10, 2016, without any dispute, and Party A’s 1 or 1.