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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is the owner of five floors of reinforced concrete structure (refinite reinforced concrete roof) in Jung-gu Seoul Metropolitan Government (hereinafter “instant building”) and Class 1 and Class 2 neighborhood living facilities (hereinafter “instant building”).
B. The Plaintiff, around 2004, extended the portion of 1st floor of the instant building to 154.86 square meters without permission as a steel structure, and used it as a warehouse until now.
C. Around 2012, the Defendant issued a corrective order for an unauthorized extension after detecting the aforementioned unauthorized extension, but the Plaintiff failed to comply with the corrective order.
On September 8, 2016, the Defendant notified the Plaintiff that enforcement fines may be imposed (204, 2004, 2004, 2004, 2004, 154.86 square meters in size, store, and 154.86 square meters in the location B, 289,000 for enforcement fines (200, 2004, 2004, 8, 154.86 square meters) if the violation was not corrected, and notified the Plaintiff on October 11, 206 that the enforcement fines may be imposed if the violation was not corrected by the said period.
On November 30, 2016, the Defendant imposed 16,289,000 won for non-performance penalty pursuant to Article 80 of the Building Act on the ground that the violation against the Plaintiff was not corrected.
(hereinafter "Disposition in this case"). 【No dispute exists, Gap evidence 1-3, Gap evidence 2-1-3, Gap evidence 3-1-5, Gap evidence 3-5, the purport of the whole pleadings and arguments.
2. Whether the instant disposition is lawful
A. Although the Plaintiff’s portion of unauthorized extension of the instant building was a steel pipe, the Defendant calculated charges for compelling compliance by deeming that it constitutes light steel structure, the instant disposition was unlawful by applying the structure index of the building, which serves as the basis for calculating charges for compelling compliance.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. Determination of Gap evidence Nos. 4, 9-1, 2, 10-1, 2, 11-1, 2, 12-1, 12-6, 13, 1 through 5, 4, 5, 5