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(영문) 수원지방법원 2018.05.04 2018구단207
건축법위반 이행강제금 부과처분(일부)취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

On October 11, 2017, the Defendant rendered the instant disposition imposing enforcement fines of KRW 7,544,200 on the Plaintiff for a violation of the Building Act, as set forth in Article 80 of the Building Act, as well as the instant disposition, upon the Plaintiff on the land following the instant disposition (Evidence 10), and the Plaintiff received lawful delivery of the document stating the instant disposition on October 12, 2017.

(No. 14). The litigation for revocation shall be instituted within 90 days from the date on which the disposition, etc. is known (the main sentence of Article 20(1) of the Administrative Litigation Act), and when the documents stating the disposition are served to the address of the parties, etc., and the parties concerned have been placed in a state where the disposition is known by social norms, it may be presumed that the disposition was known, unless there

(2) The Plaintiff filed the instant lawsuit seeking the revocation of the instant disposition only on January 11, 2018, where it is apparent that the period for filing the instant disposition had lapsed 90 days, despite the presumption that the Plaintiff had been lawfully served the instant disposition on October 12, 2017, which was presumed to have been aware of the instant disposition, (see, e.g., Supreme Court Decision 2002Du3850, Aug. 27, 2002). Thus, the instant lawsuit is unlawful.

It is so decided as per Disposition.

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