과징금부과처분취소
1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
1. Details of recognition and disposition;
A. On July 2, 2001, the Plaintiff and the Appointed B (hereinafter “Plaintiffs”) acquired the ownership of the building in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant building”) and currently reside in the instant building.
B. The instant building is composed of one underground floor (67.84 square meters), two above ground floors (62.04 square meters and 48.14 square meters), one house tower (8.4 square meters), and one house tower (8.4 square meters), and obtained a construction permit on July 16, 1996, and obtained approval for use on December 11, 1997.
C. On February 5, 2014, the Defendant issued a corrective order under Article 79 of the Building Act on the ground that the Plaintiffs extended the multi-use room of 10 square meters in the multi-use room of the multi-use room of the instant building (hereinafter “instant multi-use room”) on the second floor of the instant building without filing a report under Article 14 of the Building Act. The Plaintiffs voluntarily corrected the illegality of the said multi-use room on March 4, 2014.
After such voluntary correction, the Plaintiffs re-explosed the instant multi-use room of the panel/ iron pipe structure without filing a report pursuant to Article 14 of the Building Act by means of installing columns on the second floor of the instant building.
E. Meanwhile, on the outer wall of the second floor of the instant building, three square meters of stairs of lightweight framed structure (hereinafter “instant stairs”) were installed without reporting under Article 14 of the Building Act. However, the Defendant issued a corrective order under Article 79 of the Building Act regarding the multi-use rooms and stairs extended without permission to the Plaintiffs two times from August 5, 2014 to twice.
F. Nevertheless, the Defendant, on November 10, 2014, notified the Plaintiffs of the pre-announcement of the imposition of a charge for compelling the performance of construction, which was extended without permission by the Plaintiffs, issued a disposition imposing a charge for compelling the performance of construction (hereinafter “instant disposition”). On December 12, 2014, the Defendant issued a notice of imposition of a charge for compelling the performance of construction, each of which is KRW 178,000, and KRW 139,000 for stairs, each of which is KRW 317,000 (hereinafter “instant disposition”).
【Ground of recognition” has no dispute, Gap's 1 through 3, 5 through 10, and Eul's 1 through 10 respectively.