1. The Defendant’s disposition imposing enforcement fines of KRW 10,168,000 against the Plaintiff on November 6, 2015 is revoked.

2...

1. Details of the disposition;

A. B, the husband of the Plaintiff, died on January 1, 2015. Around October 2014, Seoul Special Metropolitan City, Nowon-gu, a development-restricted zone, removed a building on the ground of C in Seoul Special Metropolitan City, which was located in the development-restricted zone, and constructed a building 62 square meters of a building for a panel located in the board without permission (hereinafter “instant building”).

B. The Defendant is a child between DB and the Plaintiff on December 3, 2014.

A corrective order was issued to restore the instant building to its original state by January 11, 2015, and on June 3, 2015, D issued a corrective order to restore the instant building to its original state by June 22, 2015.

C. On August 24, 2015, the Defendant issued a corrective order against D to restore the instant building to its original state by September 6, 2015, and issued a prior notice to impose a non-performance penalty of KRW 10,168,000 if the Defendant fails to comply with the corrective order within the said period.

On September 9, 2015, the Defendant imposed a non-performance penalty of KRW 10,168,000 on the Plaintiff pursuant to Article 30-2(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones on the ground that D did not comply with the corrective order.

E. On October 28, 2015, the Plaintiff submitted to the Defendant a written opinion that the Plaintiff, the husband of the instant building, built the instant building, died and succeeded to the ownership of the building. The Defendant revoked the disposition imposing enforcement fines against D, while imposing enforcement fines of KRW 10,168,00 (hereinafter “instant disposition”) on the Plaintiff.

F. On November 26, 2015, the Plaintiff, who was dissatisfied with the instant disposition, filed an administrative appeal with the Seoul Special Metropolitan City Administrative Appeals Commission, but was dismissed on January 11, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 7, Eul evidence 1 to 10, the purport of the whole pleadings

2. Whether the instant disposition is lawful

(a) Article 30 (Administrative Disposition against Violators of Statutes, etc.) (1) of the Act on Special Measures for Designation and Management of Development Restriction Zones;