1. The Defendant’s disposition imposing enforcement fines of KRW 816,00,000 against the Plaintiff on August 25, 2016 is revoked.

2. The costs of lawsuit shall be.

Details of the disposition

On June 3, 2011, the Plaintiff completed the registration of ownership transfer on May 20, 201 with respect to co-ownership of 19.44/951.61m2 (hereinafter “instant underground floor”) of Yongsan-gu, Seoyang-gu, Busan-si No. B underground 1m2, 951m2 (hereinafter “instant underground floor”).

According to the real estate registration register and building register, the underground floor of this case is one real estate and has been designated as a neighborhood living facility 749.11m2 and a Class 2 neighborhood living facility (general restaurant) 202.5m2.

On the other hand, on October 12, 2013, C registered its business as a call text, and around that time, C installed a dance hall (col text) and a dance hall (col text) with a dance hall of 577.54 square meters in the instant underground floor among the instant underground floors, and a dance hall of 20.35 square meters in a dance hall.

(A) As a result, the instant dance hall and the instant dance hall are divided into 749.11 square meters of neighborhood living facilities (D), 12.42 square meters of neighborhood living facilities among the instant underground floors (hereinafter “instant dance hall”). D, 577.54 square meters of a dance hall (co., Ltd.), 20.35 square meters of a dance hall, and 138.8 square meters of an elevator hall and a corridor. The instant dance hall was used in the area of Class II neighborhood living facilities, and its drawings were located in the area of Class II neighborhood living facilities as follows.

On October 31, 2013, the Defendant issued a corrective order to the co-owners of the instant underground floor including the Plaintiff (hereinafter “Co-owners of the instant underground floor”) to restore the instant dance hall to its original state on the ground that the construction of the instant dance hall constitutes a violation of Article 19(1) of the Building Act. However, co-owners of the instant underground floor including the Plaintiff did not comply with it within the corrective period.

On February 18, 2016, the Defendant issued a prior notice to impose a non-performance penalty on the Plaintiff. On August 25, 2016, the Defendant imposed a non-performance penalty of KRW 816,000 on the Plaintiff on the non-performance penalty of KRW 736.69 square meters [the dance hall of KRW 577.54 square meters, the clothing storage room of KRW 20.35 square meters, the elevator holes, and the corridor 138.8 square meters];

(hereinafter referred to as "the Disposition in this case") 【No dispute exists concerning the ground for recognition, Gap's entries and arguments in Gap's evidence 1 to 6, 14, 15, 21, 23.