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(영문) 춘천지방법원 2014.08.29 2014구합4038
건축이행강제금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On November 2008, the Plaintiff transferred the ownership of the building consisting of the building consisting of the 2nd floor reinforced concrete sloping roof (hereinafter “instant building”).

The first floor of the building of this case is a house, a public restaurant, and a retail store, and the second floor is used as an inn and a warehouse.

B. On August 6, 2013, the Defendant conducted a field investigation on the instant building. As a result, the Defendant confirmed that the instant building did not file a building report under Article 14 of the Building Act as indicated in drawings (1) through (8) or that there was an extension without obtaining a building permit under Article 20 of the Building Act (hereinafter “the instant extension part”), and that the Plaintiff was on August 7, 2013, and the same year.

9. On 17. and 16. of the same year, it issued an order to restore the said extended part to its original state.

C. As the Plaintiff did not comply with the above restoration order, the Defendant imposed KRW 549,000 for the enforcement fine on November 19, 2013, which was partially accepted by the Plaintiff’s objection, and issued a disposition imposing a total of KRW 489,000 for the enforcement fine on the instant extension portion on December 2, 2013 (hereinafter “instant disposition”).

The composition shall be governed by the symbol indicated in the attached Form.

(1) A charge for compelling the performance of rescue purposes: (1) A charge for compelling the performance of 15.30,000 square meters for container warehouses; 36.64,640,003; (4) a boiler room in prefabricated-type boiler room 12.05 137,000; (5) A cement block neighborhood living facilities 6.46 110,000; 6.46 110,000 6.274,000 6.274,000 ; (8) a charge for compelling the performance of structural use of a container warehouse 82.57,000 in total, 82.57 489,000

D. The laws and regulations pertaining to the instant case are as shown in the annexed sheet.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 3 evidence, Eul's 1 through 4 evidence (including numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion of this case.

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