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(영문) 부산지방법원 2019.05.24 2018구합1818
건축이행강제금부과처분취소
Text

1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. The plaintiff's main claim is dismissed.

3...

Reasons

Details of the disposition

In 2013, the Plaintiff newly constructed a prefabricated-type panel structure on the land of 95.2 square meters in Gangseo-gu Busan Metropolitan Government B, and a building with a total floor area of 143 square meters in total (hereinafter “instant building”) of 71.5 square meters on the ground, which is a residential purpose, and 71.5 square meters on the ground.

On June 14, 2013, the Defendant brought an accusation against the Plaintiff to the police on the ground that the Plaintiff violated Article 56 of the National Land Planning and Utilization Act and Article 11 of the Building Act by constructing the instant building without permission from or reporting to the administrative agency.

On June 14, 2017, the Defendant issued a corrective order (the period of the corrective order from June 16, 2017 to July 15, 2017) to reinstate the instant building to the Plaintiff. On August 1, 2017, the Defendant issued a corrective order to reinstate the building to the Plaintiff (the period from August 4, 2017 to August 23, 2017).

On October 11, 2017, the Defendant, who did not comply with the corrective order, requested the Plaintiff to implement the corrective order concerning the building of this case by November 12, 2017, imposed a non-performance penalty on the Plaintiff (the extension period from October 13, 2017 to November 12, 2017) that if the corrective order is not complied with within the said period, the Defendant imposed the non-performance penalty (the extension period from October 13, 2017 to November 12, 2017).

On December 2017, the Plaintiff requested the Defendant to confirm that the second floor of the instant building was restored to its original state. On December 7, 2017, the Defendant confirmed that some of the second floor of the instant building and the wall of the board were removed, but the steel frame, the remainder of the ceiling and the wall of the board were not removed.

On December 26, 2017, on the ground that the Plaintiff violated Articles 11, 14, and 19 of the Building Act with respect to the Plaintiff, the Defendant set the payment date as January 10, 2018 and imposed KRW 18,61,00 for a regular non-performance penalty for the year 2017 (hereinafter “instant disposition”).

The details of charges for compelling the performance of illegal activities subject to location shall be the area for structural use.

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