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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.
Reasons
1. Details of the disposition;
A. On December 27, 2005, the Plaintiff obtained permission to convert a mountainous district with respect to B forest No. 650 square meters in Kimpo-si, Kimpo-si, and newly constructed a building for detached houses (hereinafter “instant building”).
B. On July 26, 2010, the Defendant confirmed that the area of the instant building is 235.34 square meters, and on July 27, 2010, a person who intends to build a building with a total floor area of at least 200 square meters in an agricultural and forest area shall obtain permission from the Mayor [Article 11(1) of the former Building Act (amended by Act No. 12246, Jan. 14, 2014)], despite having obtained permission, issued a corrective order to voluntarily remove the newly constructed building by August 27, 2010 and fails to comply with it, the Plaintiff did not rectify it again until the lawful measure was taken, and even if the Plaintiff notified that the enforcement fine will be imposed once a year until the enforcement fine was lawful, the Plaintiff was not corrected within the above period.
(hereinafter “instant No. 1 Disposition”). (c)
On October 25, 2011, the Defendant issued a corrective order to voluntarily remove the instant building by November 25, 201, on the ground that the instant building was a building violating the construction report under Article 14 of the former Building Act (Amended by Act No. 11690, Mar. 23, 2013); however, upon the Plaintiff’s failure to comply therewith, the Defendant imposed KRW 11,202,00 on the Plaintiff on January 10, 201, on the ground that the instant building was a building violating the construction report.
(hereinafter referred to as “instant Disposition 2,” and, in addition to the instant Disposition 1 and the instant Disposition 2, each entry in the Evidence Nos. 1, 2, 3, 7, 8, and 15, there is no dispute
2. Whether the instant disposition is lawful
A. The plaintiff's assertion that the disposition of this case is null and void on the grounds as follows, because its defect is serious and clear.
1 The instant building is a building area of less than 194m2 and less than 200m2, and thus, it was not necessary to obtain a building permit without a building permit.