1. All of the plaintiff's claims are dismissed.

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

Details of the disposition

The Plaintiff is operating the Vice Commissioner of the accelerator (hereinafter referred to as “the Vice Director of the instant case”) on the ground of Jeonnam B (hereinafter referred to as “the instant land”).

On October 14, 2015, the Defendant violated Article 11 of the Building Act by failing to obtain lawful permission under the Building Act, even though the “automobile-related facilities installed in the instant Detailed Division (hereinafter “instant facilities”) constituted a building prescribed in the Building Act. The Defendant issued an order to voluntarily remove the Plaintiff by November 13, 2015, pursuant to Article 79 of the Building Act.

(hereinafter “instant corrective measure” (hereinafter “instant corrective measure”). On January 4, 2016, the Defendant imposed a disposition imposing KRW 24,079,000 on the Plaintiff for non-performance penalty (hereinafter “instant disposition imposing non-performance penalty”) upon the Plaintiff, as the Plaintiff did not comply with the instant corrective measure. In addition to the instant corrective measure, the Defendant issued a disposition imposing non-performance penalty (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2 and 4 (including each number if there are separate numbers), and the plaintiff's procedural illegality of the disposition demanding correction of this case as to the legitimacy of the overall purport of the pleadings, the defendant did not provide the plaintiff with prior notice or opportunity to submit opinions under the Administrative Procedures Act while demanding correction of this case.

Therefore, the instant corrective measure is null and void because there is a serious and obvious defect in violation of the Administrative Procedures Act.

Since each of the dispositions of this case's substantive illegality has the following defects, each of the dispositions of this case is null and void mainly because the defect is serious and clear, and the disposition of this case's correction is null and void as it is serious and obvious, and the disposition of this case's non-performance penalty should be revoked as it is unlawful.

First, the instant facilities are built with steel-frame columns using V assembly methods on the concrete ground.