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1.The judgment of the first instance shall be modified as follows:
The Defendant’s charge for compelling the performance was against the Plaintiff on August 13, 2010, 178,532.
Reasons
1. Details of the disposition;
A. The Plaintiff is the owner and contractor of the D Building in Gangnam-gu Seoul and C’s ground (hereinafter “instant building”).
The Plaintiff obtained a building permit from the Defendant on February 28, 2006 with a size of 2,303.64 square meters on the ground and 2,303 square meters on the ground, and commenced February 28, 2007. On July 4, 2007, the Plaintiff changed the design to the size of 2,287.33 square meters on the ground and the size of 2,287.2 square meters on the ground, and completed the construction permit from the Defendant (hereinafter “the first design change”). From October 207 to November 6, 207, the Plaintiff completed the construction permit from the Defendant.
On November 2008, the Plaintiff: (a) changed the design of the size of 2,311.12 square meters of the total floor area of 2,311.12 square meters in gold underground and 5 stories; and (b) removed the part of the 6th floor (hereinafter “the second design change”); and (c) obtained the permission of change.
On March 6, 2009, the Plaintiff obtained approval for the use of the building of this case on March 6, 2009, completed registration of preservation of ownership on March 31, 2009, and owned the building of this case until now.
B. On March 10, 2010, the Defendant issued a corrective order to the Plaintiff to rectify up to April 10, 2010, as stipulated in the Building Act Nos. 1, 2, and 3 in the table below. On March 18, 2010, the Defendant issued a corrective order to the Plaintiff to rectify up to April 15, 2010, as the Plaintiff violated the Building Act as stipulated in Nos. 4 and 5 in the table below.
(hereinafter “instant corrective order”). On June 15, 2010, the Defendant urged the Plaintiff to correct the foregoing violations until July 13, 2010, and urged the Plaintiff to impose KRW 185,005,080 for enforcement fine if the Plaintiff fails to comply with the demand. The violation of paragraph (3) of the No. 3 of this Article regarding “the height of each floor: 3.9m: - 4.5m on the ground level: 5m. - 5.3m on the ground level: 3.0m. - 3.7m on the ground level: 3.0m. - 3.7m on the ground level: 3.0m. - 3.7m on the ground level: 3.0m. - 4m on the ground level: 4.2m. - 2m. - 5m on the ground level: 3.7mm.”
On July 30, 2010, the Defendant notified the Plaintiff of its opinion on imposing KRW 185,005,080 for non-performance penalty by August 9, 2010.
The target violation 1.