가설건축물존치기간 연장신고반려처분취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
Basic Facts
[Evidence A] The Plaintiff filed an application for a construction permit of a temporary building on August 27, 2017 with the land of this case, Plaintiff 1, 3, and D (hereinafter collectively referred to as “instant land”) for the period during which the Plaintiff filed an application for a construction permit of a temporary building on August 22, 2015, pursuant to Article 20(1) and (3) of the Building Act, with the Plaintiff on September 22, 2015, in accordance with the following provisions of Article 20(1) and (3) of the Building Act, for the period during which the entire purpose of the pleading is to maintain the building area of the building site of the building in the area of the building (structure) for the entire purport of the pleading.
(hereinafter “instant permission.” On August 16, 2017, the Plaintiff reported to the Defendant on the extension of the retention period of the instant permission to August 27, 2020 pursuant to Article 15-2(2) of the Enforcement Decree of the Building Act.
(hereinafter “instant report”). On August 18, 2017, in relation to the receipt of the instant report, the Defendant demanded that the Plaintiff submit to the Plaintiff the documents on rescue and escape pursuant to Article 15(6)1 (a) of the Enforcement Decree of the Building Act (hereinafter “instant documents”), an application for permission for temporary use of farmland, a business plan indicating the period of use for other purposes, etc., and a plan for prevention of damage, a plan for restoration, and a statement of expenses for restoration, which meet the present standards, to be supplemented by September 18, 2017, and on September 15, 2017, the Plaintiff submitted to the Defendant by supplementing the remaining documents, etc. excluding the instant documents.
On September 20, 2017, the Defendant rejected the instant application on the ground that “the Plaintiff was a case in which a temporary building was built pursuant to Article 20(1) and (3) of the Building Act, and was subject to a Gu summary disposition from the Government District Prosecutors’ Office on March 30, 2017 as a violation of the Building Act (False Report), and the instant report is included in the violation of the Building Act.”
(hereinafter “instant disposition”). The Plaintiff filed a civil petition with the Defendant on October 12, 2017.