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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is a person who obtained approval for use on March 20, 2018 for the fifth floor C of the Songpa-gu Seoul building (hereinafter “instant building”) and completed registration of ownership preservation on March 28, 2018.
B. On May 10, 2018, the Defendant confirmed that the Plaintiff had extended the instant building to 68 square meters without permission and used it for residential purposes, and that the wall of the extended part was built as a brick.
C. On May 14, 2018, the Defendant sent the Plaintiff a prior notice of disposal of a building violating the Building Act, as described in attached Table 1, but the Plaintiff did not take any measures against the instant building.
On June 7, 2018, the Defendant issued the first corrective order to urge the Plaintiff to voluntarily restore the instant building by July 6, 2018.
On July 16, 2018, the Plaintiff failed to comply with the first corrective order, and the Defendant issued the second corrective order demanding the Plaintiff to voluntarily repair the instant building by August 4, 2018, and notified the Plaintiff that the enforcement fine will be imposed repeatedly once a year if the Plaintiff fails to comply with the corrective order by the notified period.
E. On August 10, 2018, the Defendant issued a prior notice of imposition prior to the disposition of the charge for compelling the performance under Article 80 of the Building Act to the Plaintiff on the charge for compelling the performance of the building in violation of the Building Act, stating that “In the event there is an opinion on the disposition of the charge for compelling the performance of the building in question, it shall be submitted by August 27, 2018, and shall be subject to a prior notice of imposition of the charge for compelling the performance of the building.”
F. On October 5, 2018, the Defendant issued a disposition to impose KRW 16,269,000 on the Plaintiff the charge for compelling the performance of a building violating the Building Act.
(hereinafter “Disposition of this case”). The Defendant’s disposition of this case 1. Standard market price: 751,000 won - Calculation Method: 690.