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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is the owner of “B and 4 buildings on the ground of two lots except in the following city, the next city, and following the completion inspection conducted on November 6, 2007” (hereinafter “instant buildings”).
The instant building consists of 637.56 square meters in facilities related to animals and plants in the 1st floor of the steel pipe structure, 243 square meters in facilities related to animals and plants in the steel pipe structure, 171.3 square meters in facilities related to animals and plants in the 1st floor of the steel pipe structure, 243 square meters in facilities related to animals and plants in the 1st floor of the steel pipe structure
B. On December 2007, the Plaintiff: (a) established a pole to use a space between the instant buildings and cover the expenses; and (b) connected the buildings by creating a roof of the board (hereinafter “instant act”); and (c) the size of the connected space (hereinafter “the instant extension area”) is 1,257.43 square meters in total.
C. On February 28, 2008, the Defendant issued an order for voluntary removal of the extended part of this case three times from February 29, 2008 to May 30, 2008, on the ground that the extended part of this case constitutes the detection of the Plaintiff’s act and the extension without a building report or permission. On July 31, 2008, the Defendant ordered the Plaintiff to impose KRW 8,173,290 for the enforcement fine if he did not voluntarily remove the extended part of this case until August 14, 2008, but the Plaintiff did not comply with the order. However, on August 18, 2008, the Defendant imposed the enforcement fine on the Plaintiff on the enforcement fine of KRW 8,173,290 for the non-performance penalty of this case on August 27, 2009; on March 16, 2010; on April 21, 2012.
On March 12, 2013, the Defendant issued an order for voluntary removal of the extended portion of the instant case by April 11, 2013, on the ground that the extended portion of the instant case falls under the extension without any building report or permission under the former Building Act (amended by Act No. 11921, Jul. 16, 2013; hereinafter the same shall apply). The enforcement fine should be imposed on the Plaintiff on April 24, 2013.