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(영문) 서울행정법원 2015.04.23 2014구합16699
행정대집행영장통보처분취소
Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

The circumstances leading to the instant disposition are the owners of the following 1 buildings and the following 2 buildings, and both the 1 and 2 buildings are illegal buildings constructed without obtaining permission, reporting, etc. from the competent administrative agency.

The defendant, on July 18, 2014, ordered the plaintiffs to voluntarily remove 6 Seoul Gangnam-gu Seoul Metropolitan Government Da general restaurant container 119 Ga general restaurant 12 office 12 office 12 office light-to-door 12 office light-to-door 15 office 12 office light-to-door 25 office light-to-door 25 office light-to-door 12 office light-to-door 15 office 12 office light-to-door 15 office 12 office light-to-door 18 office 201, 11, 14, and 20 of the Building Act because the 1, 2 building is an illegal building constructed in violation of Article 11, 14, and 20 of the Building Act. However, if the building is not voluntarily removed by the above deadline, he/she ordered the plaintiffs to perform administrative vicarious execution and to collect expenses for administrative execution.

On September 18, 2014, the Defendant notified the Plaintiffs of a warrant of vicarious administrative execution, which consists of KRW 10:00, September 24, 2014; and KRW 24,825,30,00, on the date and time of vicarious execution; and KRW 24,825,30,00, respectively.

(2) The plaintiffs asserted that the lawsuit of this case filed by the plaintiffs is unlawful since the disposition of this case was invalidated and there is no legal interest to seek cancellation of the disposition of this case. The defendant's defense prior to the judgment on the legitimacy of the lawsuit of this case, which is the whole purport of Gap's evidence Nos. 1 and 2 (including each number) and the purport of the whole argument. The defendant notified the date and time of vicarious execution to 10:00 on September 24, 2014 by the disposition of this case, but did not carry out vicarious execution on the building Nos. 1 and 2 of the plaintiffs. Thus, the disposition of this case in this case has no legal interest to seek cancellation of the disposition of this case.

Judgment

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