A. On September 28, 2017, the Defendant issued a corrective order by setting the deadline for correction to the Plaintiff as of October 30, 2017, pursuant to Article 79 of the Building Act, on the ground that “The Plaintiff installed the middle floor (area 34.65 square meters) on the inside of Yeongdeungpo-gu Seoul Metropolitan Government B Cho (hereinafter “instant building”) owned by it without permission, and violated Article 14 of the Building Act.”

B. As the Plaintiff failed to comply with the corrective order by the deadline for the first correction, the Defendant set the deadline for the second correction on November 7, 2017 and urged the Plaintiff to implement the corrective order by December 1, 2017.

C. As the Plaintiff failed to comply with the corrective order by the deadline for the second correction, on December 26, 2017, the Defendant again urged the Plaintiff to implement the corrective order by setting the third correction deadline on January 26, 2018, while notifying the Plaintiff that the enforcement fine of KRW 4,074,840 should be imposed in accordance with Article 80 of the Building Act where the corrective order is not complied with by the said deadline.

On February 2, 2018, the Defendant notified the Plaintiff of the extension of the correction period by May 20, 2018 at the Plaintiff’s request.

E. After that, on August 23, 2018, the Defendant imposed a non-performance penalty of KRW 4,074,840 on the Plaintiff on the ground of non-performance of the corrective order pursuant to Article 80 of the Building Act.

(f) On November 2, 2018, the Defendant notified the Plaintiff of the fact that “The violation of the Building Act of this case was voluntarily corrected, and thus, the Plaintiff would have attempted to thoroughly maintain and manage the building so that the same violation does not occur in the future.”

[Reasons for Recognition] Facts without dispute, Gap's 1 through 4, 6, 7 evidence, Eul's 1 through 6, 9 evidence, the purport of the whole pleadings

2. On March 8, 2018, according to the Defendant’s corrective order, the Plaintiff: (a) removed stairs connected from the floor of the first floor of the instant building to the middle floor; and (b) installed a door at the entrance of the middle floor to prevent the entrance of the middle floor; (c) however, the Plaintiff was ordered to shut down the entrance of the middle floor completely.