On May 2, 2017, the Defendant imposed 18,430,000 won on the Plaintiff on the charge for compelling compliance.

Details of the disposition

The Plaintiff is the owner of the building B in Yongsan-gu, Seoyang-si (hereinafter referred to as the “instant building”), and the instant building is a building that has obtained approval for use as an agricultural warehouse (one story) of the steel-frame of the total floor area of 98.4 square meters.

On November 29, 2016, the Defendant confirmed that the use of the instant building (the first floor) was changed to a detached house without due process, and that the second floor (the floor area of 98.4 square meters) was extended by installing a wall and a stairs, without due process.

The application rate of the standard market price of a building is 592,00 square meters, and the amount of non-performance penalty is 592,000 square meters, and the portion of non-performance penalty is 48.4.10% 5,825,000 illegal alteration portion, 50% 16,806,000 70% 98.4.70%, the Defendant issued a corrective order to the Plaintiff on May 2, 2017, on the ground that the Plaintiff did not correct the illegal act, but imposed a disposition imposing a non-performance penalty of KRW 22,631,000,000 in total on the ground that the illegal alteration and unauthorized extension were made without permission as specified in the following table.

(2) According to the evidence No. 2 and No. 2, the part where the size of 18 square meters of the prefabricated panel warehouse was illegally expanded on the side of the building of this case at the time of the site investigation of the building of this case, and the defendant alleged that the charge for compelling the performance was imposed in KRW 1,411,00 for the extension of the prefabricated panel warehouse at the time of the disposition of this case. However, according to the evidence No. 1 of this case (the notice of the charge for compelling the performance of the building of this case), the above disposition of this case was not included in the charge for compelling the performance of the part of the prefabricated panel warehouse of this case.

[Ground of recognition] In order to calculate the standard market price of the building, which is the basis for calculating the charge for compelling compliance with the plaintiff's change of purpose of the disposition in this case as to whether the disposition in this case is legitimate or not, the facts without dispute, Gap evidence 1, Eul evidence 2, and the purport of the whole pleading.