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(영문) 서울행정법원 2017.02.16 2016구단691
개발제한구역이행강제금부과처분취소
Text

1. The Defendant’s imposition of enforcement fines of KRW 16,610,830 against the Plaintiff on November 2, 2015 is revoked.

2...

Reasons

1. On November 2, 2015, the Defendant imposed 16,610,830 won for compelling the performance on the ground that the Plaintiff was a person who violated the Eunpyeong-gu Seoul Metropolitan Government Unauthorized Building (hereinafter “instant Building”) owned within a development-restricted zone B without permission (area 70 square meters) on August 8, 2015, and on September 2015, Article 30-2 of the Act on Special Measures for Designation and Management of Development-Restricted Areas (hereinafter “Restriction on Development-Restricted Areas Act”) on the ground that the Plaintiff was a person who installed a structure without permission (area 4.84 square meters) at the end of the instant building.

(hereinafter referred to as "disposition of this case"). 【No dispute exists, Gap evidence Nos. 1, 15, 16, Eul evidence Nos. 3, 5, and 6 (including provisional number), the purport of the whole pleadings

2. Where the head of a Si/Gun/Gu has constructed a building, altered the uses of a building, installed a structure, changed the form and quality of land, divided land, stockpiled articles, cut bamboo and trees, or performed an urban/Gun planning project without obtaining permission under the proviso to Article 12 (1) or Article 13 or in violation of any terms and conditions of permission;

2. Where he/she obtains permission under the proviso to Article 12 (1) or Article 13 by fraud or other improper means;

3. Where any act falling under any of the items of construction of a building, alteration of the purpose of use of a structure, installation of a structure, change of the form and quality of land, cutting down bamboo and trees, division of land, piling up articles, or the implementation of an urban or Gun planning project is discovered without filing a report under Article 12 (3), the permission therefor may be revoked, and the relevant offender (including the owner, manager, or occupant of a building, structure,

order (hereinafter referred to as "order for Correction") to suspend construction works, or to remove, close, rebuild or remove buildings, structures, etc. within a reasonable period of time, or to take other necessary measures against such order.

Article 30-2 (1) of the same Act provides that "the Act shall be amended."

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