A. On January 23, 2015, the head of Kimpo-si, Kimpo-si (hereinafter “instant land”) issued a prior notice for corrective order under Article 79(1) of the Building Act on the ground that he/she newly constructed a temporary building of 160 square meters or more (hereinafter “instant temporary building”) without permission to the owner of the instant land in Kimpo-si, Kimpo-si, Kimpo-si, the owner of which was Kimpo-si (hereinafter “instant land”). The said D requested the Plaintiff to deliver all documents by notifying the owner of the instant temporary building as the Plaintiff.

B. Accordingly, on March 18, 2015, the above Chapter B issued a corrective order to the Plaintiff to restore the original state to the original state by April 17, 2015, pursuant to Article 79(1) of the Building Act.

C. After that, the Plaintiff failed to comply with the above corrective order, the Defendant notified the imposition of a non-performance penalty on June 17, 2015, and issued a disposition imposing KRW 312,000 on the Plaintiff on August 21, 2015.

On January 12, 2016, the Plaintiff appealed and filed an administrative appeal, and the Defendant notified the Plaintiff that the enforcement fine should be reduced to KRW 100,800,000 upon the said reduction ruling, and issued a prior notice to the effect that the enforcement fine should be imposed. On February 11, 2016, the Plaintiff imposed KRW 100,800 on the enforcement fine.

(hereinafter) Of the disposition imposing a non-performance penalty on August 21, 2015, the remaining part of the disposition that was reduced as above is referred to as “instant disposition”). [Grounds for recognition] There is no dispute, entry in Gap’s 3 through 5, Eul’s 1 through 4 (including branch numbers if any) and the purport of the whole pleadings.

2. Determination on the legitimacy of the disposition

A. On May 3, 2012, the Plaintiff filed a report on construction of a temporary building with a total floor area of 160 square meters on the instant land on May 3, 2012, and the Defendant is keeping the said report in custody so that he/she may not obtain permission by abusing his/her superior position.