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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. From around 2010, the Plaintiff newly built and used a house of 30.5 square meters (hereinafter “instant house”) on the ground of 162 square meters in Ansan-si B, Ansan-si.
B. On May 27, 2015, the Defendant issued a notification of a violation of the Building Act and a notification of a corrective order to the Plaintiff on July 1, 2015, on the ground that the Plaintiff violated Article 14 of the Building Act by newly building the instant housing without filing a construction report. On March 13, 2017, the Defendant issued a corrective order to the Plaintiff on July 1, 2015, but the Plaintiff did not comply therewith despite the extension of the corrective period, and accordingly, issued a disposition imposing enforcement fines of KRW 2,06,980 against the Plaintiff (hereinafter “instant disposition”).
[Reasons for Recognition] No dispute, entry B in 1 to 6, the purport of the whole pleadings
2. Determination on the defense prior to the merits
A. The Defendant’s assertion that the Plaintiff filed the instant lawsuit after the lapse of 90 days from the date of receiving the notice of the instant disposition on March 16, 2017, and thus, the instant lawsuit should be dismissed as it is unlawful inasmuch as the period for filing the lawsuit is excessive.
B. Pursuant to Article 20(1) and (2) of the Administrative Litigation Act, an administrative litigation shall be filed within 90 days from the date on which the administrative agency becomes aware of the disposition, or within one year from the date on which the disposition is taken, unless there is a justifiable reason.
(1) In light of the purport of the Plaintiff’s statement and the entire pleadings, the Plaintiff’s notice of disposition in this case was sent to the Plaintiff’s domicile on March 16, 2017 and received it directly by the Plaintiff himself. The Plaintiff’s lawsuit in this case was filed on August 24, 2017, where it is apparent that 90 days have elapsed from the above date. Accordingly, the Plaintiff was directly issued the instant notice of disposition on March 16, 2017. Accordingly, it can be deemed that the disposition was known on the above date, and as long as the Plaintiff filed the instant lawsuit with the lapse of 90 days, the above lawsuit was filed.