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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. As the owner of the building B in Songpa-gu Seoul Metropolitan Government, the Plaintiff extended the building (hereinafter “instant violating building”) on the fourth floor of the said building without obtaining a construction permit, and used it as a residential area.
B. On May 10, 2018, the Defendant conducted an on-site investigation, and confirmed the “building” of the instant violating building as “a brick” and “area” as 54 square meters.
C. On June 7, 2018, the Defendant issued a corrective order to the Plaintiff to restore the building in violation of this case to its original state by July 6, 2018. On July 16, 2018, the Defendant again ordered the Plaintiff to restore the building in violation of this case to its original state by August 4, 2018, and notified the Plaintiff that the enforcement fine will be imposed if the building is not restored to its original state by the said period.
Ultimately, the Plaintiff refused to comply with the corrective order, and the Defendant notified the Plaintiff of the imposition of enforcement fines on August 10, 2018.
E. On October 5, 2018, the Defendant: (a) calculated on the Plaintiff on October 5, 2018, the amount of reasonable enforcement fines of KRW 12,919,500 for the Plaintiff: (b) [12,926,587] [the standard amount of market price (751,00 won) 】 standard market price of extended buildings (85%) 】 standard market price (85%) 】 standard market price of extended buildings (not based on construction: 85%) x calculation rate (25%) 】 calculation rate (25%) x mitigation rate (10%) according to the violation x 50%) x 50%) ; (c) the instant disposition was made within the reasonable amount of enforcement fines.
A disposition imposing B (hereinafter referred to as “instant disposition”) was made.
[Calculation of Charges for Compelling Compliance] Calculation Form 751,00 won [The standard amount for the new construction price of a building (690,000 won) 】 Use index (10%) 】 Rescue index (90%) 】 Location index (121%: officially assessed individual land price of 4,00,000 won to 5,000,000 won] 】 Standard amount of market price (751,000 won) 】 Standard amount of market price for the extended building 】 Standard amount of market price for the extended building (85% : basic construction.