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1.The judgment of the first instance, including the claim of the principal lawsuit extended in the trial, shall be modified as follows:
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The plaintiff is a company established for the purpose of electrical construction business, landscaping business and any incidental business related thereto, and the defendant is an autonomous management organization composed of occupants to manage Jongno-gu Seoul Metropolitan Government Complex Building B (hereinafter "the building of this case").
B. (1) On the rooftop capacity of the third floor above the ground of the instant building of this case, the floor at the time of completion was finished and the gardening was planted and the ground-tension length was created after the completion of the construction due to fireproof stones, earth and sand bricks, and high interest rocks, and the central part was installed a golf-rating practice hall with four holess on the front and rear sides of the play facility.
(2) However, the Defendant agreed with E, a contractor, to carry out the defect repair works of the instant building in around 2013, and accordingly, E, a company, after removing the rooftop floor, installed one chip, installed one exhaustton game room, installed a sports facility for outdoor use, expanded play facilities, installed a performance hall, and removed a rail installed on the back side, and then installed a gate.
(3) On August 21, 2013, which was around the time of considerable progress of the construction, the head of Jongno-gu Seoul Metropolitan Government ordered the Defendant to issue a corrective order to the Defendant on the ground that “the partial removal of the rooftop rail and the installation of illegal structures (around 6.2 meters, height of 5.2 meters) are in violation of the Building Act” (hereinafter “instant corrective order”), and on September 9, 2013, the head of Jongno-gu urged the Defendant to implement the measures under the instant corrective order until September 17, 2013, and on October 10, 2013, the head of Jongno-gu ordered the Defendant to “the correction of the violation by October 21, 2013,” on the ground that the corrective order was not implemented within the said period.