1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Quotation of the first instance judgment

A. The reasoning of the court concerning this case is as follows, and the reasoning of the judgment of the court of first instance is the same as that of the reasoning of the judgment of the court of first instance, and such reasoning is cited in accordance with the main sentence of Article 420

B. From Nos. 4 to 6 of the judgment of the court of first instance, the first instance is as follows.

B. Article 79(1) of the Building Act provides that "if a site or a building violates this Act or any order issued or disposition taken under this Act, the permission granter may cancel permission or approval granted under this Act, or order the owner, contractor, field manager, manager, or occupant of the building to suspend the construction, or to remove, rebuild, extend, repair, change, prohibit, or restrict the use of, the building for a reasonable period of time, or take other necessary measures (or may not interpret that the permission granter may directly order the owner, etc. to perform the acts listed above)," and Article 80(1) of the Building Act provides that "the permission granter shall impose a non-performance penalty on the owner, etc. who fails to comply with the corrective order within the corrective period after receiving the corrective order pursuant to Article 79(1)."

On the other hand, Article 85 (1) of the Building Act provides that "the permission-granting authority may, when taking necessary measures pursuant to Articles 11, 14, 41 and 79 (1), carry out vicarious execution without following the relevant procedures, if it is difficult to achieve the purpose in accordance with the procedures provided for in Article 3 (1) and (2) of the Administrative Vicarious Execution Act in any of the following cases:

1. Where the risk of a disaster is imminent;

2. The collapse, etc. of a building due to serious problems in its structure and safety;