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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Details of the disposition;
A. The Plaintiffs are co-owners of the buildings listed in the attached Table 1 list (hereinafter “instant building”).
B. On February 7, 2018, the Defendant issued a corrective order to the Plaintiffs to complete correction until March 21, 2018 pursuant to Article 79(1) of the Building Act on February 20, 2018 on the ground that the instant building was newly constructed without permission as a result of an on-site investigation on February 19, 2018 and violated Article 11 of the Building Act.
(hereinafter “instant disposition”). C.
On March 22, 2018, the plaintiffs did not comply with the corrective order. On April 12, 2018, the defendant ordered the plaintiffs to implement the corrective order to impose a non-performance penalty if they did not comply with the corrective order. D.
On April 13, 2018, the plaintiffs did not comply with the corrective order. On April 13, 2018, the defendant ordered the plaintiffs to impose a non-performance penalty pursuant to Article 80 of the Building Act.
E. Plaintiff B dissatisfied with the instant disposition and filed an administrative appeal with the Busan Metropolitan City Administrative Appeals Commission, but was dismissed on June 25, 2018.
F. Meanwhile, on the other hand, the Defendant requested the Busan Metropolitan City to have an aerial photography reading of the instant building; on February 14, 2018, the first and second floors of the instant building were newly constructed by Busan Metropolitan City before June 1972; on the other hand, the third floor was the building extended between February 26, 1978 and December 27, 1978.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-3, 7-10, Eul evidence Nos. 1-7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The main point of the plaintiffs' assertion is that the regulations on the control of unauthorized Construction in the Geum-gu Busan Metropolitan City (No. 7-2) stipulate the imposition or removal of enforcement fines on new unauthorized buildings. Article 9.