The Defendant’s imposition of enforcement fines of KRW 6,065,00 on May 30, 2019 exceeds KRW 1,520,190.

Details of the disposition

On August 13, 2012, the Plaintiff completed the registration of ownership transfer for the three-story reinforced concrete roof (three-households) of reinforced concrete structure C in Kimhae-si from the former owner B.

B In 2012, without obtaining a building permit under the Building Act, the first floor of the above C-ground building is 4 households, the second floor is 4 households, and the third floor is 3 households divided into two households, and the fourth floor is extended.

B. After the Defendant discovered the fact of substantial repair and extension, the Defendant issued a corrective order pursuant to the relevant provisions of the Building Act, but did not correct it, and issued a corrective order again in 2019, and issued a corrective order again in 2019, but the part of the extension was corrected but still not corrected, and on May 30, 2019, issued a disposition imposing the Plaintiff the amount of KRW 6,065,00 (less than KRW 202,173,548) equivalent to 3% of the current base value of the relevant building (hereinafter “instant disposition”).

[Based on the fact that there is no dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, and 8, and the purport of the whole pleadings as to whether the disposition of the plaintiff's argument is legitimate, the non-violation area at the time of imposing enforcement fines was 92.97 square meters in each of the 1, 2, and 3 stories in each of the 92.97 square meters in each of the 1, 2, and 3 stories in each of the 1, 107.22 square meters in each of the 3th and 124.51 square meters in each of the 1, 2, and 3th and each of the 124.51 square meters in total.

With regard to the calculation ratio of major repair, the standard market price, which serves as the basis for calculating the enforcement fine against the plaintiff, is the adjustment standard of this case. Article 80(1)2 of the Building Act, Article 4(2) of the Local Tax Act, Article 4(1)1 of the Enforcement Decree of the Local Tax Act, and Article 4(1)1 of the Enforcement Decree of the Local Tax Act.

Accordingly, reinforced concrete structure.