1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Details of the disposition;

A. On September 10, 197, the Songpa-gu Seoul Building (hereinafter “instant building”) obtained approval for use as a multi-household detached house with the floor area of three floors above ground and one story below 582.22 square meters below ground around September 10, 1997.

B. Since the Plaintiff acquired the ownership of 1/2 shares of the instant building on December 2016, the Plaintiff has owned it until now.

C. In around 2009, the Defendant issued a corrective order pursuant to Article 79(1) of the Building Act against the Plaintiff on the ground that the part which was permitted as a water tank room (20.52 square meters) among the rooftops of the instant building is used for residential purposes by extending it without permission (20.52 square meters in the rooftop of the instant building).

According to Article 80 of the Building Act, with respect to a project owner, etc. (referring to the owner, contractor, on-site manager, owner, manager, or occupant) who fails to comply with a corrective order within the corrective period after receiving the corrective order pursuant to Article 79(1), the permitting authority may impose and collect charges for compelling compliance if the project owner, etc. fails to comply with the corrective order within the specified reasonable period necessary for the implementation of the corrective order, and if the corrective order is not complied with within the specified period, it is possible to impose and collect charges for compelling compliance pursuant to Article 79(1) (Article 80) on the basis of the date on which the first corrective order was issued, and as

(Paragraph 5). (e)

In order for the plaintiff to continue to comply with the corrective order, the defendant imposed an enforcement fine on the plaintiff every year in accordance with Article 80 of the Building Act as stated in the attached Form.

On July 31, 2017, the Plaintiff paid all enforcement fines as stated in the attached Form by July 31, 2017.

F. Meanwhile, the Act on Special Measures for Arrangement of Specific Buildings (hereinafter “Specific Building Readjustment Act”) was enforced on January 16, 2014, and the subject of the application of the Act should be 30 square meters in the case of multi-family houses, and the procedure thereof.