The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. The Plaintiff is a company that has been established on November 16, 199 and runs a construction waste disposal business after obtaining permission from B as its place of business.

B. 1) On October 29, 2019, the Defendant arbitrarily expanded and used the site of the place of business without obtaining permission by piling construction waste to the Plaintiff on the ground C at the time other than the said place of business in the vicinity of the said place of business (hereinafter “instant violation”).

(2) On November 27, 2019, the Plaintiff requested the Defendant to substitute for the above disposition of penalty surcharge. Accordingly, on December 4, 2019, the Defendant imposed a penalty surcharge of KRW 20,000,000 on the Plaintiff.

(hereinafter referred to as the "disposition of this case"). . [Grounds for recognition] without dispute; Gap evidence Nos. 1 through 5; Eul evidence No. 1 (Evidence No. 1, including branch numbers; hereinafter the same shall apply); and the purport of the whole pleadings

2. Judgment on the defendant's main defense of safety

A. The summary of the main defense of this case was served on December 9, 2019 and became aware of the existence of the instant disposition. As such, the instant lawsuit filed on March 20, 2020, which was 90 days after the said 90-day period, is unlawful.

B. Determination 1) A lawsuit seeking revocation of an administrative disposition must be filed within 90 days from the date the disposition is known, and within one year from the date the disposition is made (Article 20(1) and (2) of the Administrative Litigation Act, and even if one of the two periods has elapsed, the administrative litigation is unlawful.

In addition, the "date when the other party becomes aware of the disposition, etc.", which is the starting point of the filing period of a lawsuit as stipulated in Article 20 (1) of the Administrative Litigation Act, means the date when the other party becomes aware of the fact that the relevant disposition, etc. was made by means of notice, public notice, or other methods.