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(영문) 의정부지방법원 2018.11.13 2018구합10397

건축허가취소처분취소

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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

The Plaintiff, along with B, C, and D (hereinafter “B, etc.”), shared E forest land E 28,973 square meters (hereinafter “instant forest”). On October 25, 2006, the Plaintiff entered into a sales contract with B, etc. to purchase all co-ownership shares of the instant forest land from B, etc., and completed the registration of ownership transfer on October 27, 2006.

(A) Evidence No. 6, 7, and evidence No. 23-8). The Plaintiff agreed to acquire the status of the permit holder for the conversion of the forest of this case from B, etc., and applied for permission for the alteration of the mountainous district to the Defendant on October 16, 2007. On October 16, 2007, the Defendant changed the person who obtained permission for the conversion of the forest of this case to the Plaintiff from B, etc., the area of the mountainous district of which is 28,850 square meters to 28,973 square meters. The Plaintiff changed the forest of this case from 28,850 square meters to 28,973 square meters from 28,973 square meters from 28,000 square meters from 2

(A) No. 6 and No. 20-1, 2, 19). The Plaintiff, from B, etc., intended to acquire the status of the permiter for the construction of the instant forest facilities (hereinafter “instant building permit”) on the ground of forest land from B, etc., filed an application for a building alteration permission with the Defendant on May 8, 2008. On May 29, 2008, the Defendant filed a building permit with the owner as the Plaintiff, on May 29, 2008, with the building area of 5,792.5 square meters, with the total floor area of 13,953.2 square meters, with the building area of 13

(Evidence Nos. 3 through 6, No. 10). The plaintiff reported the commencement of construction to the defendant and received a report completion certificate from the defendant on April 18, 2008.

On November 7, 2008, the Defendant extended the period of conversion of the instant mountainous district to October 15, 2009, and permitted extension of each period of conversion of mountainous district to extend the period of conversion of mountainous district by October 31, 201. < Amended by Act No. 9813, Oct. 30, 2009>

(No. 22 No. 1 through 5, No. 3) The documents submitted by the plaintiff as the grounds for the disposition of return of this case shall be the Mountainous Districts Management Act and the national land.

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