1. The Defendant’s disposition of imposing enforcement fines of KRW 4,665,370 against the Plaintiff on December 24, 2019 is revoked.

2...

1. Details of the disposition;

A. From May 2008, the Plaintiff entered into a contract to purchase the instant real estate with D on April 30, 2019 and completed the registration of ownership transfer on the instant real estate on May 17, 2019.

B. On August 21, 2019, the Defendant violated Article 11 of the Building Act by extending the 100 square meters of the instant real estate to the Plaintiff without permission (hereinafter “instant extension”) and thus, ordered the Plaintiff to recover the extended portion by September 30, 2019, and urged the Plaintiff to take corrective measures on October 1, 2019, which did not return to the original state. On November 4, 2019, the Defendant notified the Plaintiff to impose a non-performance penalty on the Plaintiff.

C. On November 14, 2019, the Plaintiff presented an opinion to the Defendant that “the instant extension is the time of the extension on March 2003.”

On December 24, 2019, the Defendant rendered a disposition imposing enforcement fines of KRW 9,330,750 (hereinafter “instant disposition”). On January 15, 2020, the Defendant again calculated and reduced enforcement fines of KRW 4,65,370 on the following grounds: (a) the time for the instant extension was 208 years when the Plaintiff occupied the instant real estate; (b) on the ground that the ownership was changed after the act of violation and the cause for reduction or exemption under Article 115-4(1)1 of the Enforcement Decree of the Building Act is recognized in cases where the ownership was changed after the act of violation.

[Calculation of Charges for Compelling Compliance] Standard market price of KRW 319,00 [The standard amount of new construction price of a building x 1.17 x usage index x 1.17 x structural index 0.6 x 1.27 x location index 1.27 x the remaining rate by the number of years elapsed in 2008 when considering the timing of extension of 0.505 x 2008.] 4,665,370 [the standard market price of KRW 319,00 x the standard market price of the extended building 】 the standard market price of the expanded building 】 0.65 (the middle floor x the area in violation of the basic construction).