1. The plaintiff is dismissed.

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

1. On November 24, 2015, the Defendant issued a disposition imposing KRW 8,050,000 for construction enforcement money on the Plaintiff on the ground of the unauthorized Expansion and Large-Scale Repair of Building B in Jung-gu, Seoul (hereinafter “instant violation”) (hereinafter “instant disposition”).

[Reasons for Recognition] Unsatisfy, Gap evidence 6, 7 (including virtual number), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The violation of the Plaintiff’s assertion is all occurred in 1988, and thus, is only subject to an administrative fine and is not subject to an enforcement fine. Thus, the instant disposition is unlawful.

B. According to the Building Act (amended by Act No. 4381, May 31, 1991; hereinafter “former Building Act”) which was wholly amended by Act No. 4381, Jun. 1, 1992, and enforced since June 1, 1992 (hereinafter “former Building Act”), a fine for negligence may be imposed on a person who violated a corrective order concerning a building that violated an order or disposition under the Building Act or the Building Act (hereinafter “violationed building”). However, a fine for negligence was imposed pursuant to Article 83 of the amended Building Act.

However, Article 6 of the Addenda to the amended Building Act provides that the disposal of a building in violation of the former Building Act prior to the enforcement of the amended Building Act shall be subject to the previous provisions, notwithstanding the provisions of Article 83, prior to the enforcement of the amended Building Act.

However, while the Building Act amended by Act No. 8974 of March 21, 2008 (hereinafter “former Building Act”) continues to have the enforcement fine system against the violator of the corrective order, there was no transitional provision on the existing building.

The enforcement fine system is implemented in order to ensure the effectiveness of the administrative order when the owner, etc. fails to comply with the corrective order even though the administrative agency ordered corrective measures in order to prevent the neglect of the violating building.