1. The Defendant’s imposition of KRW 2,108,020 against the Plaintiff on June 9, 2017, of KRW 1,405,350.

Details of the disposition

The Plaintiff is the owner of a multi-household house with the fifth fifth floor above the Gangdong-gu Seoul Metropolitan Government (hereinafter referred to as “instant house”).

The Defendant imposed KRW 5,595,360 on the Plaintiff on December 16, 2016, on the ground that the Plaintiff extended the instant housing units without permission, 401, 402, 501, and 502.

The Plaintiff filed an administrative appeal with the Seoul Special Metropolitan City Administrative Appeals Commission (hereinafter referred to as the “Administrative Appeals Commission”) by 90 50 2,576,470,500 m2,500 m2,500 m250 m2,500 m2,50 2,576,4701, 3470 470 m250 m2,000 150 m2,00 2,50 2,50 150 m2,50 2,576, 347,000 4 50 m250 m250 364,350 50 m2,347,500 m2,500 6 70 m2507 m2,5050 m20 m2716, 2016.

In light of the fact that the Plaintiff is a rental business operator registered as a rental business operator and that the sale of the instant housing is restricted during the mandatory rental period under Article 16 of the former Rental Housing Act and Article 13 of the former Enforcement Decree of the Rental Housing Act, it is reasonable to view the instant housing as a rental house unless there are special circumstances.

Since there is no reasonable ground to regard the Defendant as a "building for sale" through a vague prediction that it is possible to convert the ownership of the instant house to a "building for sale", the Defendant’s application of the aggravated rate by deeming the instant house as a "building for sale" under Article 45(6)3 of the Seoul Special Metropolitan City Building Ordinance is unlawful.

On June 9, 2017, the Defendant: (a) registered the Plaintiff as a rental house in accordance with the instant quoted ruling; (b) against the Plaintiff, Nos. 402, 501, and 502.