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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. 1) The Plaintiff is a multi-family house in Yangcheon-gu Seoul Metropolitan Government 97.83 square meters, 108.39 square meters, 108.39 square meters, multi-family house with three floors, 103.71 square meters, and 14.4 square meters in a water tank for a rooftop (hereinafter “instant building”).
(2) On April 3, 1994, the Plaintiff obtained a building permit from the Defendant and completed the construction of the instant building on July 21, 1994, and obtained approval for the use of the building area of 116.25 square meters, total floor area of 418.32 square meters, total floor area of 59.71 square meters, building-to-land ratio of 164.77%, and building volume of 164.7%, and the floor area of each floor of each floor of 97.83 square meters, 108.39 square meters, 108.39 square meters, 108.39 square meters, 103.71 square meters, 103.40 square meters, and 14.40 square meters, respectively.
B. 1) Around October 2008, the Defendant received a civil petition to report the illegal matters of the instant building, and conducted a field investigation on the instant building. The Plaintiff was a balcony with the size of 0.54 square meters per 1st floor, 0.54 square meters per 3.96 square meters per 3th floor and 3.96 square meters per 3th floor on the instant building (hereinafter “the instant balcony”).
(2) On November 4, 2008, the Defendant issued a corrective order as to the above violation to the Plaintiff on the ground that the Plaintiff did not comply with the above corrective order on September 9, 2009. The Plaintiff filed an appeal suit seeking the cancellation of the above disposition as Seoul Administrative Court 2010Gudan5045, but the above court dismissed the lawsuit on the ground that the period for filing the lawsuit was expired on July 6, 2010, and the Plaintiff’s appeal and appeal were dismissed. The judgment became final and conclusive on the ground that both the Plaintiff’s appeal and appeal were dismissed.
C. 1) After December 24, 2010, the Defendant issued a corrective order to change the use of the water tank room of a rooftop on December 24, 2010. However, on the ground that the portion of the balcony illegally extended was not corrected, the Defendant imposed a enforcement fine of KRW 1,316,520 on the Plaintiff on the aggregate of the balcony area of 12.42 square meters (i.e., 0., 054 square meters on the ground that the portion of the balcony illegally extended was not corrected (i.e., 3. 3.96 square meters on the second floor of 0.54 square meters on the ground that the portion of the balcony illegally extended was not corrected (i