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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 Plaintiffs are co-owners who hold 1/2 shares of each of the 1/2 shares of the 1st underground and the 3nd ground-based buildings in the Manam-si, Sungnam-si.
B. After obtaining approval for the use of the instant building on March 28, 2013, the Plaintiffs voluntarily divided one household into two households, each of the 131.19 square meters of the underground floor of the instant building and 131.73 square meters of the ground, and 96.73 square meters of the second floor and 97.18 square meters of the second floor, respectively.
C. The Defendant issued a corrective order against the Plaintiffs on the ground that the Plaintiffs voluntarily repaired as above, and issued the instant disposition imposing a non-performance penalty of KRW 9,110,000, respectively, on September 22, 2015 through the pre-announcement procedure.
The plaintiffs filed an administrative appeal, and the Gyeonggi-do Administrative Appeals Commission dismissed it on February 3, 2016.
[Grounds for recognition] Evidence Nos. 2-2 and 3-2 and the purport of the whole pleading
2. Whether the disposition is lawful;
A. Under Article 80(1)2 of the Building Act, the standard market price of the building, which serves as the basis for calculating charges for compelling the performance of substantial repair of the plaintiffs' alleged building, shall be determined as the "amount prescribed by Presidential Decree according to the violation of the standard market price applicable to the building in accordance with the Local Tax Act, within the scope of 10/100 of the amount corresponding to the standard market price applicable to the building, in cases where the building constitutes a building other than that in violation of subparagraph 1. Article 4(2) of the Local Tax Act provides that the standard market price of a building other than that in Article 4(1) of the Local Tax Act (including a building whose individual housing price or apartment house price has not been publicly notified at the time of construction after newly constructed and constructed, excluding the portion of the land), shall be determined by the head of the local government in accordance
Therefore, the building of this case.