위반건축물 지정 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is the owner of 101, 160, 160, Yasi-Yadong-Yadong 1, 101 (hereinafter “the instant building”) located in Osan-si, 160, 12.
B. On October 13, 2017, the Defendant issued a corrective order, pursuant to Article 79 of the Building Act, to voluntarily maintain (hereinafter “instant disposition”) pursuant to Article 79 of the Building Act, on the ground that reinforced concrete stairs (the distance between the first floor and underground floors, the floor area of 11.73 square meters; hereinafter “instant stairs”) and lightweight steel framed structure (the outside of the entrance door, the floor area of 12.69 square meters; hereinafter “instant structure”) were installed on the instant building without filing a construction report under Article 14 of the Building Act.
Not only the violation described in the part concerning the details of the above disposition, but also the act of extending the part corresponding to the underground floor that was not included in the existing building area by installing a entrance leading to the underground floor in violation of the Building Act, as well as the act of destroying common areas in violation of the Multi-Family Housing Management Act, and the object of the corrective order.
However, as to the act of destroying common areas, the Defendant’s assertion regarding each of the above acts should not be separately determined, in light of the following: (a) the Defendant included the subject of criminal punishment under the Multi-Family Housing Management Act after the instant disposition; and (b) revised the content of the disposition to exclude the Plaintiff from the violation on April 17, 2018, after the closing of argument in the instant case, the Defendant excluded the entrance leading to the underground floor from the violation on the ground that the entrance leading to the Plaintiff was closed.
[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A No. 1-2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is that each of the stairs of this case and the structures of this case is installed for the following reasons.