1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On November 12, 2013, the Plaintiff acquired shares on 143.3/6 of 286.6 square meters among the 286.6 square meters in Seongbuk-gu Seoul Special Metropolitan City, Seongdong-gu, Seoul Special Metropolitan City due to voluntary auction from B, and the said shares were transferred to D large 143.3 square meters on June 18, 2014 pursuant to the Act on Special Cases concerning the Partition of Co-Owned Land.

B. On the above D land, there are one building (hereinafter “instant building”) and two-story neighborhood living facilities and one house (hereinafter “instant building”) on the ground that were not registered in the building ledger and the copy of the building registry. On May 2, 1983, E obtained permission for large-scale repair and extension after removing the existing building, but used the instant building without implementing the procedure for reporting construction and approval for use, but transferred its ownership to the Plaintiff on June 18, 2014.

C. Upon receiving a civil petition on the instant building, the Defendant notified E of the corrective order on March 3, 2008, and the demand for the corrective order on March 3, 2009, and notified B of the notice of imposition of enforcement fines on April 15, 2009. On May 19, 2009, B submitted a written confirmation of performance of the corrective order to the effect that, as soon as possible, the correction of part of the instant building (1st floor, 33 square meters, 18 square meters on a 1st floor) is completed and the remainder (2nd floor, 75 square meters on a 1st floor) is scheduled to be taken within the earliest as possible.

On December 10, 2014, the Defendant received a civil petition again, and issued a corrective order to the Plaintiff on the ground that the instant building violated Articles 16 and 22(2) of the Building Act. On January 15, 2015, the Defendant urged the corrective order and issued a notice of imposition of a non-performance penalty on October 20, 2015, and issued a disposition imposing a non-performance penalty of KRW 1,086,00 on the Plaintiff (hereinafter “instant disposition”).

E. The Plaintiff appealed and filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission, but was dismissed on July 6, 2016.

[Ground of recognition] No dispute, Gap 1 through 5, Eul 1 through 8, 11, and the purport of the whole pleadings

2. Whether the instant disposition is lawful