1. The Defendant’s disposition of imposition of KRW 44,984,270 against the Plaintiff on December 13, 2016 is revoked.

2...

1. Details of the disposition;

A. On December 28, 2006, the Plaintiff purchased a building report certificate from the Defendant on April 25, 2007, which issued a building report certificate from the Defendant on May 18, 2007, and notified the Defendant of the cancellation of the building register and the cancellation of the registration of transfer of ownership on January 28, 2007, upon filing an application for cancellation of the building register with the Defendant on May 18, 2007, by submitting a report on the extension of the second floor with the building area of 11.94 square meters, the total floor area of 172.57 square meters, and the building-to-land ratio of 28.41 square meters.

B. The Plaintiff submitted to the Defendant an application for approval of use on September 6, 2007, and submitted a withdrawal request on September 7, 2007. On September 12, 2007, the Plaintiff submitted an application for approval of use, but submitted a withdrawal request on September 20, 2007. On October 4, 2007, the Plaintiff submitted an application for approval of use and submitted a withdrawal request on October 24, 2007.

C. On February 11, 2011, the Defendant issued a prior notice to the Plaintiff stating that “The Plaintiff is intending to take occupancy or use of the instant building without obtaining approval for the use thereof, and thus, violates Article 22(3) of the Building Act, and thus, order the prohibition of use thereof is issued.”

On October 14, 2016, the Defendant issued a prior notice of an administrative disposition that the Plaintiff constructed a new building without permission and imposed a corrective order and a non-performance penalty in violation of Article 14 of the Building Act. Thus, the Defendant issued a prior notice of an administrative disposition that the Plaintiff would withdraw measures to restore the building to its original state, and on November 2, 2016, notified the Plaintiff of the imposition of KRW 44,984,270 of the non-performance penalty if the restoration to its original state is not made by November 17, 2016.

E. On December 13, 2016, the Defendant imposed a non-performance penalty of KRW 44,984,270 on the Plaintiff pursuant to Articles 80 and 14 of the Building Act.

(hereinafter referred to as the Disposition in this case). The grounds for recognition are as follows.