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(영문) 서울행정법원 2016.09.23 2016구단5726
건축이행강제금부과처분취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a management body of a building A located in Seongdong-gu Seoul Metropolitan Government (hereinafter “instant building”).

B. On September 2, 2015, the Defendant issued an order to voluntarily correct the portion of the 1st floor parking room by October 16, 2015, on the ground that the 53 square meters in the 1st floor mechanical room of the instant building, 9 square meters in the parking room, 80 square meters in the entrance protection facility, 142.2 square meters in the entrance protection facility, and 142.2 square meters in the 2015, and confirmed that the portion of the 1st floor parking room was corrected on October 7, 2015.

C. On October 23, 2015, the Defendant ordered the Plaintiff to voluntarily remove three remaining portion of unauthorized extension which was not corrected until November 20, 2015. On November 20, 2015, the Defendant confirmed that the portion of 142.2 square meters of the 2nd floor office was corrected.

On November 24, 2015, the Defendant issued a prior notice to the effect that, as the Plaintiff violated Article 14 of the Building Act and extended the first floor of the instant building without permission, the imposition of enforcement fines of KRW 23,018,00 is scheduled.

E. On December 30, 2015, the Defendant imposed a charge for compelling the performance on the Plaintiff for compelling the performance of KRW 16,014,000 on the part of 53 square meters in the 1st floor machinery room (hereinafter “instant first disposition”) and imposed a charge for compelling the performance of KRW 7,004,000 on the part of 53 square meters in the 1st floor machinery room. On January 7, 2016, the Defendant requested the Defendant to correct the amount of the charge for compelling the performance on the ground that the installation of the machinery room was conducted in 2001, not in 2005, and imposed the charge for compelling the performance of the said part by correcting it to KRW 4,707,000 on the part of the 1st floor machinery room.

(hereinafter referred to as “instant Disposition 2”). [Ground of recognition] / Each entry in Gap evidence 1, 2, and Eul evidence 1 through 10 (including paper numbers), and the purport of the whole pleadings.

2. Whether the first and second dispositions of this case are legitimate

A. The Plaintiff’s assertion is that the 53 square meters of the 1st floor machinery room and the 80 square meters of the 1st floor entrance protection facility are installed by each of the relevant sectional owners, and it is not the installer or owner of each of the above facilities.

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