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1. On January 28, 2015, the Defendant’s imposition of KRW 846,00 for enforcement fines against the Plaintiff shall be revoked.
2. The plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is the owner of Jongno-gu Seoul Metropolitan Government building B located in Jongno-gu (hereinafter “instant building”).
B. The Defendant issued a corrective order to correct the violation on January 8, 2013, on the ground that the first floor of the instant building was repaired without permission and that the second floor of the instant building was expanded without permission. On February 27, 2013, the Defendant issued a corrective order and a pre-announcement of the imposition of a non-performance penalty to correct the violation by April 4, 2013. On May 24, 2013, the Defendant imposed KRW 786,490 on the non-exclusive repair of the first floor, and KRW 6,855,750 on the non-exclusive repair of the second floor on the ground that the foregoing violation was not corrected.
(hereinafter referred to as “instant first disposition”) enforcement fines for the portion of unauthorized repair on the first floor.
The Defendant issued a corrective order to correct the violation on July 29, 2014 on the ground that the second floor of the instant building was extended without permission by no later than September 1, 2014. On September 17, 2014, the Defendant issued a corrective order and a pre-announcement of the imposition of a non-performance penalty to correct the violation by no later than October 20, 2014. After requesting the Plaintiff to withhold the imposition of a non-performance penalty by no later than November 30, 2014, the period for voluntary correction was extended by no later than November 30, 2014. On January 28, 2015, the portion illegally extended without permission of the first floor was corrected, but was not corrected without permission, imposing KRW 846,000 on the non-exclusive repair without permission.
(hereinafter “instant Disposition 2”). D.
On March 2, 2015, the Plaintiff filed an administrative appeal with the Seoul Special Metropolitan City Administrative Appeals Commission on the instant disposition Nos. 1 and 2, but was dismissed on June 15, 2015.
[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 4, 18 evidence, Eul 1 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The plaintiff's assertion (1) of this case.