1. The instant lawsuit shall be dismissed.

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

On December 28, 2017, the Defendant discovered the violation of the Building Act with respect to the fourth-story detached housing, and second-class neighborhood living facilities, and issued a disposition imposing enforcement fines of KRW 23,214,140 (hereinafter “instant disposition”) on December 28, 2017 to the Plaintiff, the owner of the said building, by prior notice of corrective order and imposition of enforcement fines (hereinafter “instant disposition”). The instant disposition was served on the Plaintiff’s domicile on January 24, 2018.

(No. 10) A revocation suit shall be instituted within 90 days from the date on which the disposition, etc. is known (main sentence of Article 20(1) of the Administrative Litigation Act), and when the documents stating the disposition are placed in a state in which the parties concerned could have known of the disposition by social norms, such as serving the party's address, etc., it may be presumed that the disposition was known unless there is any counter-proof.

(2) In light of the legal principles as seen earlier, the Plaintiff is presumed to have known that the instant disposition was taken upon the lawful delivery of the instant disposition to the Plaintiff’s domicile on January 24, 2018. However, the Plaintiff filed the instant lawsuit seeking revocation of the instant disposition only after the lapse of the 90-day filing period from the Plaintiff on May 28, 2019, which is apparent from the calendar, and even after the lapse of the 90-day filing period. Thus, the instant lawsuit was unlawful, since the Plaintiff filed the instant lawsuit seeking revocation of the instant disposition.

[Y] Even if the Plaintiff was unaware of the instant disposition on January 24, 2018, it is evident that the Plaintiff was aware that the instant disposition was taken around July 30, 2018, which was submitted by the Plaintiff to the Defendant (Evidence B No. 8). Since the Plaintiff filed the instant lawsuit after the lapse of 90 days from that time, it is apparent that the instant lawsuit is unlawful. The Defendant’s defense pointing this out is with merit.

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it. It is so decided as per Disposition.