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1. The Defendant’s disposition of imposing KRW 7,135,00 on the Plaintiff on December 28, 2018 is revoked.
2. The costs of lawsuit shall be.
Reasons
1. Details of the disposition;
A. (1) On August 24, 2016, the Plaintiff is a house located in Gunsan-si B (the 2nd floor, 1st floor, 93.96 square meters, 2nd floor, 55.08 square meters, 34.85 square meters, 13.32 square meters in an underground room, and hereinafter referred to as “instant house”).
(3) On September 2016, the Plaintiff purchased and completed the registration of transfer of ownership. (3) On the second floor of the instant housing, the Plaintiff extended the total of 36.72 square meters of the first floor and 129.12 square meters of the rooftop 92 square meters of the instant housing without obtaining construction permission for the instant housing, such as installing a booming facility on the second floor of the instant housing, and replacing the roof of the 1st floor with a prefabricated panel.
(hereinafter “instant violation”). 3) On October 8, 2015, the Plaintiff: (a) on October 8, 2015, Militarysan City C and D (hereinafter “previous domicile”).
(B) A move-in report was filed on December 26, 2016, which was after the purchase of the instant housing, and the Defendant’s architectural landscape and employees visited the instant housing and confirmed the site on May 21, 2018.
2) On May 28, 2018, the Defendant issued a corrective order, such as removal, etc. by June 25, 2018, to the Plaintiff on the ground that Article 11 of the Building Act was violated due to the instant violation, and that enforcement fines should be imposed repeatedly until correction is made in the event of non-performance.
The Defendant issued the above corrective order and attached a prior notice of disposition (the notice of submission of opinions). According to the above prior notice of disposition, the content intended to be disposed was “disposition such as correction of violations, such as the Building Act, and imposition of a non-performance penalty in the event of correction of violations,” and the deadline for submitting opinions was “within 20 days from the date on which the prior
B) On June 4, 2018, the Defendant sent the first corrective order, etc. to the instant house by registered mail. 3) Also, the Defendant sent the said first corrective order, etc. to the instant house on July 2, 2018.