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(영문) 창원지방법원 2020.01.22 2019구단478
이행강제금부과취소
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Details of the disposition;

A. In around 2005, the Plaintiff (Appointed Party) and the designated parties installed a structure for the purpose of warehouse (area 6.8 square meters; hereinafter “instant warehouse”) on the parking lot attached to the Class II neighborhood living facilities (area 6.8 square meters in area; hereinafter “instant warehouse”) on the ground of the H of Changwon-si, Changwon-si, Masan-si, Masan-si, which are owned by them, and installed double entrances and their ancillary facilities (area 14.82 square meters in area; hereinafter “instant entrance”) for the purpose of ventilation by adding them to the front entrance around the first floor around 2008.

B. Accordingly, on December 11, 2018, the Defendant issued to the Plaintiff (Appointed Party) a disposition imposing enforcement fines of KRW 293,300, KRW 108,600, KRW 146,600, KRW 61,700, KRW 700, KRW 77,00 to the Appointed, and KRW 77,100 to the Appointed, KRW 69,400, and KRW 15,400 to the Appointed (hereinafter “instant disposition”).

[Ground of recognition] Unsatisfy, Gap evidence 5, Eul evidence 2 (including provisional number), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The warehouse and entrance of this case asserted by the Plaintiff (Appointed Party) are structures (temporary buildings) other than extension of the non-violationed building, and thus, they are not subject to enforcement fines.

The instant warehouse and the entrance of the instant case had been erroneous in applying the standard market value of the building, and thus, the amount of the instant disposition was in excess of the reasonable amount. The instant disposition was unlawful.

B. The following circumstances acknowledged by the overall purport of each description and pleading of evidence Nos. 4, 4, 5, and 9, namely, ① the entrance of this case was established with metal materials, obstructed three sides from reinforced glass, installed windows on the upper floor, and thereby made an independent space added to the initial total floor area, including the roof.

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