1. On October 13, 2016, the Defendant’s suspension and suspension of construction works for the new construction of a building on the ground B of Yongsan-gu Seoul Metropolitan Government for the Plaintiff.

1. Details of the disposition;

A. On June 3, 2016, the Plaintiff filed a building report with the Defendant on the construction of a building with the third floor, the first floor, and the total floor area of 78.67 square meters on the ground B in Yongsan-gu Seoul, Yongsan-gu, Seoul, and the Defendant issued a report completion certificate to the Plaintiff on June 7, 2016 after accepting the building report.

B. After the Plaintiff received the said report completion certificate, the Plaintiff commenced the construction of the said building (hereinafter “instant construction”) and completed the construction of the said building (hereinafter “instant construction”). On October 13, 2016, the Defendant issued an order to suspend the construction of each instant construction and to submit the result (including photographs before and after correction) to the Defendant for the suspension of construction and safety measures (hereinafter “instant disposition”) on the ground that a civil petition regarding the instant construction was filed and the site inspection was conducted on October 13, 2016 as to the instant construction.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s instant disposition is unlawful for the following reasons.

1) Since the Defendant did not give the Plaintiff an opportunity to give prior notice and present his opinion before rendering the instant disposition, the instant disposition lacks the procedure under Articles 21(1) and 22(3) of the Administrative Procedures Act. 2) The instant disposition did not constitute “sloping” under the proviso of Article 46(1) of the Building Act because the size or danger of stone embankments adjacent to the instant building (hereinafter “the instant stone axis”) is not large in comparison with river, railroad, track sites, etc., and thus, it does not constitute “sloping” under the proviso of Article 46(1) of the Building Act. Accordingly, the instant building, from the centerline of the road, has secured at least 2.5 meters of the width of the road.