logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.04.24 2019구합53475
시정명령처분취소 청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

(c) establish a solar panel on the extension segment 2, 3;

(1) The existing building (3) The expansion part (4) the expansion part (5) the expansion part (6)

C. On September 18, 2018, the Defendant confirmed the extension portion 1, 2, and 3 in the course of the building inspection, and issued a corrective order on November 19, 2018 pursuant to Article 79(1) of the Building Act (hereinafter “the first corrective order”) on the ground that the extension was made without permission in violation of Article 14 of the Building Act, but the first corrective order notification was not served on the Plaintiff.

On January 25, 2019, the Defendant issued a corrective order again (hereinafter referred to as the second corrective order) as follows. The second corrective order notification was served on the Plaintiff on January 31, 2019. The said notification is accompanied by a document stating “the illegally extended 26.7 square meters (3.4*1.57.6*13.5*4)” as a violation.

In accordance with the provisions of Article 79 of the Building Act, for buildings owned on the ground B in the Incheon Free Economic Zone C City of the Incheon Free Economic Zone Office, the following violations have been ordered pursuant to the provisions of Article 79 of the Building Act. However, the time has been due to the submission of the result of correction not later than February 15, 2019, which has been urged without reply until now. If the report or the voluntary correction plan was not submitted by the aforementioned date, it is known that there may be disadvantageous measures, such as accusation, in accordance with the provisions of the relevant laws and regulations.

Violations - Relevant Acts and subordinate statutes: Article 14 (Construction Report) of the Building Act - Details of violation: 26.7 square meters for expansion of illegality.

E. The Plaintiff did not receive the first corrective order, and the Defendant, on February 5, 2019, issued a notice of re-issuance of the corrective period for the building in violation of Article 15(1) of the former Enforcement Decree of the Act, as follows.

arrow