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1. The part of the first instance judgment against the plaintiffs shall be revoked.
On May 27, 2016, the Defendant applied to the Plaintiffs.
Reasons
1. Details of the disposition;
A. The Plaintiffs are the owners of buildings located in Gangnam-gu Seoul Metropolitan Government C.
B. On February 22, 2016, the Defendant discovered the fact that a multi-story structure (hereinafter “instant structure”) was installed in the area of 69 square meters in the underground floor of the instant building. On March 22, 2016, the Defendant ordered the Plaintiffs to remove the instant structure by setting the deadline for correction as of March 22, 2016, but the Plaintiffs failed to comply therewith.
C. On May 2, 2016, the Defendant issued an order to remove the instant structure on May 25, 2016 and issued an advance notice of imposition of non-performance penalty.
On May 26, 2016, pursuant to Article 80(1)1 of the Building Act, the Defendant internally decided on the disposition of “the instant disposition” (hereinafter referred to as “instant disposition”), which imposes a charge for compelling compliance on the part of the Defendant pursuant to Article 27,783,740 won (i.e., standard market value of the building per square meter x 05,320 won x 0.5 square meters x 69 square meters) on the charge for compelling compliance with Article 80(1)1 of the same Act.
The instant disposition was enforced on May 27, 2016, and the instant disposition was put in the internal mail with the construction of Gangnam-gu Office.
E. On May 29, 2016, the Plaintiffs removed the instant structure.
F. On May 30, 2016, the instant disposition was handed over to the general manager of the postal office of Gangnam-gu, and the general manager of postal items was handed over to the post office employees on the same day.
G. On June 1, 2016, the instant disposition reached the Plaintiffs.
[Reasons for Recognition] Each entry of D’s testimony, Gap’s evidence, Gap’s evidence, 1, 2, 7, 14 through 16 (including the number of branches), and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The gist of the Plaintiffs’ assertion was to remove the instant structure on May 29, 2016, and received the instant notice of disposition on June 1, 2016.
However, enforcement fines under the Building Act are past violations of non-compliance with corrective orders.