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(영문) 서울행정법원 2016.11.03 2016구합68267
시정명령처분취소
Text

1. Order to correct a building in violation of the Parking Lot Act, which was issued by the Defendant to the Plaintiff on May 23, 2016.

Reasons

1. Details of the disposition;

A. The Plaintiff is a medical corporation that operates a hospital in the name of "Gangdong-dong Hospital" in the building of Gangdong-gu Seoul Metropolitan Government 150.

On December 19, 1984, the Plaintiff completed the construction with construction permission and completed the construction. On October 13, 1986, the Plaintiff obtained approval for the use of the building.

From the time of its new construction, the Plaintiff (hereinafter referred to as “instant parking lot”) established and managed an attached parking lot (hereinafter referred to as “instant parking lot”) corresponding to an attached parking lot (hereinafter referred to as “attached parking lot”) set forth in the Parking Lot Act (the parking lot at the time of its new construction was stipulated as “attached parking lot”; hereinafter referred to as “attached parking lot”) under the said building.

B. On May 23, 2016, the Defendant ordered the Plaintiff to take corrective measures until June 10, 2016 regarding the violation of the Parking Lot Act, such as attached Table 1, as the title “order to correct the building in violation of the Parking Lot Act”.

(1) Of the disposition of the above corrective order, the part concerning "Securing the distance of 5 meters from the sloping side of the sloping side of the sloping side of the sloping side of the sloping side of the sloping side of the sloping side of the sloping side of the sloping side of the sloping side of the sloping side of the sloping side of the sloping side of the sloping side of the sloping side of the 3rd underground floor" and the part concerning the 3rd underground double floor of the sloping side of the sloping side of the sloping side of the sloping side of the sloping side of the sloping side of the sloping as well as the part concerning the sloping side of the 3rd underground floor."

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the instant parking lot is sloped from the second to the third underground floor of the instant parking lot to the third underground level has secured the inner side radius of at least 5 meters.

In addition, this case's parking lot is enforced at the time of new construction.

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