1. All of the plaintiff's claims are dismissed.

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

Details of the disposition

The Plaintiff is an owner of the area of 952 square meters (hereinafter referred to as “instant land”) in Gyeyang-gu, Gyeyang-gu, Seoyang-gu, Seoul, which is located within a development-restricted zone.

On August 31, 2015, the Defendant notified the Plaintiff of the fact that the Plaintiff violated Article 12(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “instant violation”) by changing the form and quality of the instant land into a parking lot and newly building using a container on the instant land (hereinafter “restricted Development Restriction Zone Act”) and discovered a violation of Article 12(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “instant violation”). Around August 31, 2015, the Defendant issued an advance notice to the Plaintiff to present his opinion that the instant violation would be able to restore to the original state within a prompt period of time, since it is subject to corrective order and a non-performance penalty, and issued a corrective order to restore the instant land to the original state by November 18, 2015. On January 12, 2016, the Defendant imposed a non-performance penalty by no later than 24,350,000 won and a non-performance penalty by no later than February 16, 216.

(이하 위 사전통지, 시정명령, 부과예고를 ‘이 사건 사전처분 등’이라 한다). 이에 원고의 아버지 C은 피고에게, 2016. 1. 28. 자신과 원고의 명의로 ‘현재 주차하고 있는 차를 옮길 수 있는 곳을 알려주면 원상복구를 하겠다.’, ‘꽁꽁 언 땅이라 원상복구가 어렵다.’는 등의 내용이 기재된 의견제출서를 냈고, 2016. 2. 3. 원고의 대리인으로서 2016. 3. 31.까지 자진 원상복구를 하겠다는 내용의 원상복구 이행각서를 제출하였다.

The Defendant, who did not restore the instant land to its original state by the deadline specified in the above performance memorandum, did not impose the enforcement fine of KRW 24,354,00 for the period of September 23, 2016 (hereinafter “instant disposition”).