1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff was the owner and contractor of the D Building located in Gangnam-gu Seoul Metropolitan Government and C (hereinafter “instant building”), and was granted a building permit on February 28, 2006 with a total floor area of 2,303.64 square meters from the Defendant, and commenced a new construction of the instant building on February 28, 2007. On July 4, 2007, the Plaintiff changed the design to a total floor area of 2,287.33 square meters on the size of the underground floor and the ground level of 2,287.3 square meters from the Defendant (hereinafter “first design change”), and completed the construction of the instant building on October 28, 2007 through November 6, 207.

On November 2008, the Plaintiff: (a) changed the design with a total floor area of 2,311.12 square meters on a scale of 2,31.7 meters below the ground, 2,5 stories above the ground, 17.7 meters above the ground; and (b) removed the part of the 6th floor after obtaining permission for the change thereof (hereinafter “the second design change”); and

On March 6, 2009, the Plaintiff obtained approval for the use of the building of this case on March 6, 2009, completed registration of preservation of ownership on March 31, 2009, and owned the building of this case until now.

B. On March 10, 2010, the Defendant issued a corrective order to the Plaintiff to rectify up to April 10, 2010, as stipulated in the Building Act Nos. 1, 2, and 3 in the table below. On March 18, 2010, the Defendant issued a corrective order to the Plaintiff to rectify up to April 15, 2010, as the Plaintiff violated the Building Act as stipulated in Nos. 4 and 5 in the table below.

On June 15, 2010, the Defendant urged the Plaintiff to correct the above violation until July 13, 2010, and notified the Plaintiff to impose KRW 185,005,080 for non-performance penalty. The Defendant specifically stated the violation of paragraph 3 as “the height of each floor: 3.9m for each floor: - the first floor: 5.3m on the ground: 4.5m: 5m, - the second floor on the ground: 3.0m. 3.7m, - the third floor on the ground: 3.0m. - 3.0m. 3.7m, - the fourth floor on the ground: 4.2m: 5.2m on the ground; 5m: 3.0m. - 7m on the ground”.

On July 30, 2010, the Defendant notified the Plaintiff of its opinion on imposing KRW 185,005,080 for non-performance penalty by August 9, 2010.

- 1st floor of the violation subject to the order.