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1. On July 27, 2018, the part of the plaintiffs' primary claims seeking confirmation of the imposition of enforcement fines as of July 27, 2018.
Reasons
1. Case history
A. The Plaintiff A, who was a development-restricted area, was newly built on the ground of 1,119 square meters of D miscellaneous land in 1,19 square meters on the ground that was the development-restricted area, with a building permit of 592.52 square meters of a seed nursery, and obtained approval for use on November 20, 2012.
Plaintiff
B obtained a building permit on the land of 600 square meters on the land of 300 square meters on the land of 1,000 square meters in Sejong-si, which was a development restriction zone, and newly built it, and obtained approval for use on September 29, 2006.
Plaintiff
C obtained a construction permit for two Dongs of 150 square meters on the ground of 600 square meters in the F Miscellaneous land in Yacheon-si, Yacheon-si, which was a development restriction zone, and newly built it on October 7, 2002, and obtained approval for use on October 7, 2002.
B. On November 27, 2015, the Defendant issued a disposition imposing enforcement fines of KRW 50 million against the Plaintiff, KRW 14.94 million against the Plaintiff, KRW 10.44 million against the Plaintiff, and KRW 10.44 million against the Plaintiff, following the discovery of the fact that the Plaintiffs changed their use to a warehouse or factory for the said seed cultivation plant and bean arts cultivation plant without permission, and the correction order, etc. (hereinafter “assessment and collection notice in 2015”).
C. Meanwhile, on the other hand, the Defendant sent to the Plaintiffs a letter of public notice informing the Plaintiffs that the deferment of collection of enforcement fines can be granted under Article 30-3 of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Restriction on Development Restriction Zones”). Accordingly, the Plaintiffs submitted to the Defendant a written consent to implement the corrective order against unlawful acts on March through April 2015, respectively.
Accordingly, the Defendant sent a notice of deferment of collection of charges for compelling the performance of a development restriction zone to the Plaintiffs on December 2, 2015 immediately after the notice of imposition in 2015. The Defendant sent a notice of deferment of collection of charges for compelling the performance of a development restriction zone to the Plaintiffs on December 2, 2015. The content is ① Article 30-3 of the former Act on Special Measures for Designation and Management of Development Restriction Zones (amended by Act No. 15340, Dec. 30, 2017) (Special Cases for Deferment of Collection of Charges for compelling the performance of a development restriction zone) ① Notwithstanding Article 30-2, the head