1. The Defendant’s imposition disposition of KRW 27,043,00 on the Plaintiff on April 9, 2014 exceeds KRW 1,182,180,00.

1. The Plaintiff is the owner of B/3 shares in the building located in Jung-gu in Seoul Special Metropolitan City (hereinafter “instant building”). The Defendant’s imposition of KRW 27,043,00 for non-performance penalty in April 9, 2012 and KRW 26,408,00 for non-performance penalty in 2013 corresponding to the Plaintiff’s shares in ownership (hereinafter “each of the instant dispositions”), either there is no dispute between the parties, or there is no evidence between the parties, evidence Nos. 1, 2, 4 (including each number; hereinafter the same shall apply), and evidence Nos. 14 and 14 for non-performance penalty in the instant building.

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion ① In order to impose a non-performance penalty under the Building Act, the corrective order is issued to the owner of the building, etc. within a reasonable period and the pre-announcement of the imposition of non-performance penalty should be given in advance. Thus, the Defendant’s non-performance of the corrective order and the pre-announcement of the imposition

② The Defendant’s calculation of enforcement fines is unlawful in accordance with the “Guidelines for Calculation of Standard Market Price for Extension or Reconstruction Buildings, etc.” without delegation of superior laws, such as the Building Act. Therefore, there is no legal basis for each disposition of this case.

B. (1) Determination (1) If the evidence stated in Gap evidence Nos. 6, 7, and Eul evidence Nos. 1 through 10 is added to the main claim, each of the instant dispositions imposing a corrective order and a non-performance penalty for a non-performance penalty for a period of more than one month on October 16, 2012 and October 15, 2013 is acknowledged after the first detection of the building of this case on August 17, 2004, and after the corrective order was issued, the imposition of a non-performance penalty for a period of more than one month.

The permitting authority under the Building Act shall first impose a non-performance penalty on the owner of the building in violation of the Building Act.