1. Of the judgment of the first instance court, the part against the plaintiff falling under the order to revoke below shall be revoked.

Defendant.

1. Details of the disposition;

A. The Plaintiff is the owner of the Busan Shipping Daegu Building (hereinafter “instant building”).

B. On January 8, 2013, the Defendant imposed a charge for compelling the performance of KRW 2,128,000 on the Plaintiff on the ground that the Plaintiff had illegally extended the instant building (hereinafter “the first disposition”). On the first disposition, the Plaintiff filed an administrative appeal with the Busan Metropolitan City Administrative Appeals Commission, but was dismissed on February 9, 2013.

C. On December 16, 2013, the Defendant issued a disposition imposing KRW 2,063,000 on the Plaintiff (hereinafter “the second disposition”) and imposed KRW 2,187,000 for enforcement fines on January 15, 2015 (hereinafter “the third disposition”).

On July 7, 2015, the Defendant urged the Plaintiff to pay KRW 6,378,00 for a non-performance penalty based on the first, second, and third dispositions, and the Plaintiff filed an objection against KRW 2,128,00 for a non-performance penalty on August 10, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 4 (including each number), the purport of the whole pleadings

2. The defendant asserts that the plaintiff's lawsuit of this case is unlawful on the ground that the plaintiff's lawsuit of this case exceeds the filing period.

As to this, the plaintiff did not receive a notice of imposition of each of the instant dispositions because he did not reside in his domicile due to his personal reason, the plaintiff asserts to the effect that the plaintiff did not comply with the period of filing the lawsuit. The plaintiff's assertion that the disposition of imposition of this case was not effective because the plaintiff did not reach the plaintiff.

3. Determination

A. As to the first disposition of this case, Article 20(1) and (2) of the Administrative Litigation Act provides that a revocation lawsuit shall be instituted within 90 days from the date on which he becomes aware of the disposition, etc.