The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. The reasoning of the judgment of the court of first instance and the amendment of this case are as stated in the reasoning of the judgment of the court of first instance, except for the correction and the addition as follows. Thus, they are cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

From the bottom of the first instance judgment 10 to the 5th "204.02.26" was corrected as "2.26.2.2.2. this court's additional determination [the plaintiff's assertion] by this court (the second appeal by the defendant is an administrative disposition separate from the first appeal.

B. The Defendant unilaterally entered a building without the prior written notice as provided by the Framework Act on Administrative Investigations and carried out a field investigation. The Defendant did not give the Plaintiff or C prior notice in accordance with Article 21 of the Administrative Procedures Act or give the opportunity to present opinions provided for in Article 22(3) of the same Act. In rendering the disposition, the Defendant did not grant the “reasonable period for implementation” required by Article 79(1) of the Building Act and Article 3(1) of the Administrative Vicarious Execution Act.

Article 2 of the Administrative Vicarious Execution Act allows administrative vicarious execution only in cases where it is difficult to secure the implementation of the administrative vicarious execution by other means and neglecting the nonperformance is extremely detrimental to the public interest. Since the extension of the instant case does not fall under such cases, the Defendant’s first and second measures were abused or abused by discretion.

[Judgment] The above assertion made by the plaintiff in this court is not different from the contents of the plaintiff's assertion in the first instance court. However, the first instance court's decision rejecting the plaintiff's assertion is justified, considering all of the evidence submitted in the first instance court and the evidence additionally submitted in this court (A10-15).

3. As such, the judgment of the court of first instance, which stated in the conclusion, is just, and the plaintiff's appeal is dismissed as it is without merit, and the costs of appeal shall be borne by the losing plaintiff.