1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff is the owner of a residential building with five floors above ground in Seocho-gu Seoul Metropolitan Government, the total floor area of 321.42 square meters, and multi-household housing with nine households (hereinafter “instant building”).

B. The Plaintiff extended the 7.84 square meters of the first floor of the instant building without permission, which is a garbage separation collection and bicycle storage space (hereinafter “instant violating building”).

C. On October 14, 2015 and November 24, 2015, the Defendant issued a corrective order to the Plaintiff on the instant violating building, but the Plaintiff did not comply with the corrective order within the period specified in the said corrective order.

On January 5, 2016, the Defendant gave prior notice to the Plaintiff to impose KRW 2,535,450 as a charge for compelling the performance of the instant violating building. On August 17, 2016, the Defendant given prior notice to the Plaintiff that the charge for compelling the performance will be charged KRW 1,195,90 due to the change in structural index and size.

On October 4, 2016, the Defendant issued a disposition imposing enforcement fines of KRW 1,195,990 on the Plaintiff for the instant violating building (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a household portion that has been extended separately in multi-family housing because the Plaintiff combines the part of the stairs room/Ban part 21.84 square meters adjacent to the instant violating building, thereby creating an independent household of 29.68 square meters.

The proviso to Article 80(1) of the Building Act provides that a residential building with a total floor area of 85 square meters or less (based on the household area in cases of multi-family housing) shall impose an amount prescribed by municipal ordinance of the relevant local government within the limit of 1/2 of enforcement fines, as such, the building violating the proviso to Article 80(1) of

나. 관계 법령 ▣ 건축법 제80조(이행강제금) ①...