1. The Defendant’s disposition of imposition of KRW 16,476,00 for non-performance penalty against the Plaintiff on June 17, 2016 is revoked.

2...

1. (1) From Jun. 19, 2012, the Plaintiff purchased, from Jun. 19, 2012, the part of the disposition (i.e., the date of violation: 5/100 on Oct. 5, 2015; 84.87 square meters on the ground of reinforced concrete structure (refinite), 4 stories, detached houses, and residential living facilities; 100.89 square meters on each floor; 2 stories; 96.5 square meters on 3 stories; 96.5 square meters on 4 stories; 96.06 square meters on each floor (hereinafter “instant building”); and completed the registration of the transfer of ownership under one’s name on August 3, 2012. On the building ledger, the Plaintiff registered a violation on Oct. 5, 2015 [the date of violation: 14 households) 96.5 square meters on a large-scale repair (14 households) of 2 stories; 196.5 square meters on a 425 square meters on each floor).

B. The Defendant sent to the Plaintiff a written corrective order issued on October 6, 2015, the corrective promotion order issued on December 23, 2015, and the pre-announcement notice of the imposition of enforcement fines issued on April 27, 2016, respectively, on the grounds of the violation of the foregoing substantial repair.

On June 17, 2016, the Defendant imposed the enforcement fine of KRW 16,476,00 on the ground that the Plaintiff did not comply with the above corrective order under Article 80 of the Building Act.

【Facts without dispute over the grounds for recognition, Gap's 1, 2, 3, 10, 15, and the purport of the whole pleadings

2. (i) Whether the instant disposition is lawful, the Plaintiff asserted that the instant disposition is unlawful and revoked, even though he/she was served with the notice of notice of imposition of enforcement fines as of April 27, 2016, and the instant disposition as of June 17, 2016, but was not lawfully served with the corrective order as of October 6, 2015 and the corrective order as of December 23, 2015.

According to Articles 79(1) and 80(1) of the Building Act, the permitting authority may first issue a corrective order to the project owner, etc. for a reasonable period of time, and if the project owner, etc. fails to comply with the corrective order within the corrective period, the permitting authority may not impose a non-performance penalty unless the project owner, etc. gives an opportunity to comply with the corrective order by setting a reasonable period for the performance of

Supreme Court Decision 201No. 24, 201