과징금부과처분취소
1. The judgment of the court of first instance is modified as follows.
The enforcement fine exceeding KRW 271,00,000, among the instant lawsuits.
1. Facts that there is no dispute over the details of the disposition (based on the recognition of the disposition), the purport of the entire pleadings; and < Amended by Act No. 1-3, 5-10, 17, 1-10, 14, 15, 17, 18, 19 (including branch numbers, if any; hereinafter the same shall apply);
A. On July 2, 2001, the Plaintiff and the Appointor (hereinafter collectively referred to as the “Plaintiff, etc.”) acquired the ownership of the building in Gwanak-gu in Seoul Special Metropolitan City (hereinafter referred to as the “instant building”) and the spouse of the designated person is currently residing in the instant building.
B. The instant building was composed of one story (67.84 square meters), two stories above ground (62.04 square meters above and 48.14 square meters below the first story), one story above a rooftop (8.4 square meters), and one story above a rooftop (8.4 square meters), and obtained a construction permit on July 16, 1996, and obtained approval for use on December 11, 1997, and completed registration of preservation of ownership on April 16, 1998.
C. On February 5, 2014, the Defendant issued a corrective order under Article 79 of the Building Act to the Plaintiff, etc. on the second floor of the instant building on the ground that the Plaintiff, etc. had extended the multi-use room of 10 square meters in the multi-use room of the structure without filing a report under Article 14 of the Building Act, and the Plaintiff, etc. corrected the foregoing multi-use room’s illegality on March 4, 2014.
Plaintiff
Since the above correction, the multi-use room of the panel/ iron pipe structure (hereinafter “multi-use room of this case”) was re-extensioned without reporting under Article 14 of the Building Act by installing columns on the second floor of the instant building by means of installing the columns on the second floor of the instant building.
On the other hand, the second floor outer wall of the building of this case is installed with two square meters of a light-weight framed structure without reporting under Article 14 of the Building Act (hereinafter “instant stairs”).
E. On August 5, 2014, the Defendant issued a corrective order under Article 79 of the Building Act with respect to the instant multi-use rooms and stairs, which were illegally extended to the Plaintiff, etc. two times from August 5, 2014, by erroneously specifying the area of the instant stairs as three square meters.
F. If the Plaintiff et al. did not correct the multi-use rooms and stairs of this case which were extended without permission despite having received a corrective order, the Defendant issued a notice to the Plaintiff et al. on November 10, 2014 and notified the Plaintiff et al. of the imposition of the charge for compelling the performance of construction.