1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following two paragraphs to the judgment of the defendant as the grounds for appeal. Thus, it is acceptable to accept this as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Additional determination

A. The Defendant’s ground of appeal, unlike the design drawing at the time of the construction permit, installed a retaining wall in a fireproof complex, and added the height of the retaining wall to the retaining wall for 1.9 meters. Such change in the height of the retaining wall was to be permitted or reported in advance, but the Plaintiff failed to execute it, and thus, the Defendant’s application for approval of use is legitimate. The Defendant’s application for disposition imposing charges for compelling execution of this case on the ground that the Plaintiff used the building before obtaining approval of use from the Defendant is legitimate.

B. According to the statements in the evidence Nos. 3 and 4, the height and form of the retaining wall of the instant building is partially changed.

Meanwhile, the proviso of Article 16(1) of the Building Act and Article 12(2) of the Enforcement Decree of the Building Act provide that the modification of matters permitted or reported may not be permitted or reported by the permission-granting authority prior to the modification of minor matters that do not fall under new construction, extension, remodeling, reconstruction, remodeling, large-scale repair, or alteration

According to the above evidence, at the time of the construction permit, the retaining wall was separated from the retaining wall to support the soil of the first floor of the ground and the retaining wall to emb below the lower part. However, during the new construction process of the building, it can be recognized that the retaining wall was additionally constructed by connecting the retaining wall of the upper part and the lower part. As such, the form of the retaining wall and the height of the retaining wall are changed.