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1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On June 26, 2003, the Plaintiff obtained a new building permit from the Defendant to build multi-household houses and neighborhood living facilities (hereinafter “instant building”) with four stories above ground and the total floor area of 216.14 square meters on the ground, and on December 6, 2007, the Plaintiff obtained a permit to change the total floor area into five stories (the multi-story structure in which interior stairs are installed between four stories and five stories), the total floor area into 182.65 square meters, and the purpose of use into multi-household houses.
B. However, in the process of constructing the instant building, the Plaintiff constructed the 4th and 5th floor of the instant building, which was permitted to be a dunes household, without permission or reporting under the Building Act, as one household on each floor, and extended the total of 50.31 square meters by installing outside stairs, not internal stairs, between the 4th and the 5th floor.
C. Accordingly, on July 7, 2011, the Defendant issued a disposition imposing KRW 23,435,390 on the Plaintiff on the ground of the above violation, and the Defendant, who is dissatisfied with the above disposition, filed an administrative litigation seeking revocation of the disposition imposing enforcement fines (2012Gudan15435) with the Seoul Administrative Court (2012Gudan15435).
However, on January 25, 2013, the Plaintiff was sentenced to the dismissal judgment of the Plaintiff, and the above judgment became final and conclusive on December 5, 2013.
On the other hand, on November 8, 2013, the Defendant issued a corrective order (e.g., promotion) notice to the Plaintiff to correct the violation of “in advance occupancy” by not later than February 25, 2014, the Defendant issued a notice of the imposition of a non-performance penalty on the instant building on February 4, 2014.
E. On February 25, 2014, the Plaintiff submitted a written opinion to the effect that the imposition of a non-performance penalty is postponed by March 25, 2014 to the Defendant for correction and design change. The Defendant accepted the Plaintiff’s request and issued a non-performance penalty so that the Plaintiff can correct the violation by March 25, 2014.