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(영문) 서울고등법원 2018.02.22 2017누44086
기타이행강제금부과처분취소
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the order to revoke below shall be revoked.

Reasons

1. Details of the disposition;

A. The Plaintiff owned, respectively, the land 22,041 square meters of land C and C in the development restriction zone and the land 1,044 square meters of land in the above ground and roof detached house 95.04 square meters (hereinafter “instant housing”), D previous 1,044 square meters of land E, E forest 6,645 square meters, and F road 218 square meters of land (hereinafter collectively referred to as “instant real estate”), and donated the remaining real estate, excluding the land 1,044 square meters prior to D on May 21, 2003 and August 18, 2003, to A, an incorporated foundation, the Plaintiff of which is the president.

The Plaintiff resided in the instant house even after the donation of some of the instant real estate to A, and has been managing and occupying the instant real estate.

B. The Defendant: (a) on the ground that the Plaintiff violated Article 12(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones, such as installation of fences within the instant real estate without permission (hereinafter “Restriction on Development Restriction Zones Act”); (b) issued a corrective order on December 23, 2015 and a notice of scheduled imposition of charges for compelling the performance on February 15, 2016; (c) on March 23, 2016, issued a disposition imposing charges for compelling the performance (hereinafter “the first disposition”), 149.4 stone and 1,195, 200 won and 2 C (the boiler room, warehouse), 10, 503, 200 won and 30, 200, 200, 30, 30, 30, 30, 40, 300, 300, 38, 198, 30, 198, 48, 198, 38, 1, 40, 30

4 C Alteration of the purpose of use reduction of 16.96 wood 2,603,360 won reduction of 16.96 wood, 43.98 wood 8,101,100 won, reduction of 149.4 stone 1,195,200 won and 2 C extended (boiler room, warehouse) 54 concrete 5,251,500 won, and reduction of 3 C’s reduction of 16.96 wood 2,603,360 won.

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