[건축관계자변경신고처리취소처분취소][미간행]
The case affirming the judgment of the court below that the cancellation of the construction participant report acceptance on the ground of the non-performance of the construction participant report is unlawful, where the administrative agency issues the validity of the power of all the building owners, requiring the submission of a written consent for modification of construction participant report, after issuing the construction participant report completion certificate to one of the
Article 11 of the Enforcement Rules of the Building Act
Kang Tae-tae et al. (Law Firm Barun Law, Attorneys Im Hong-soo et al., Counsel for the plaintiff-appellant)
The head of Dongjak-gu Seoul Metropolitan Government (Attorney Park Jong-won, Counsel for defendant-appellant)
Seoul High Court Decision 2004Nu18629 delivered on July 28, 2005
The appeal is dismissed. The costs of appeal are assessed against the defendant.
The grounds of appeal are examined.
The court below found that the defendant issued a certificate of construction participants' change report after confirming the contents of the report, and that part of the building owner of this case did not consent to the change of the construction executor, and that the construction executor's change report of construction participant was revoked. The defendant demanded the plaintiff YY to submit a written consent to the change of construction participant of all construction participant, and then revoked the repair report of each construction participant's change on behalf of the building owner. According to Article 11 (2) and (3) of the Enforcement Rule of the Building Act, the building owner must submit a report of change to the building participant within seven days from the date of change when the construction executor is changed, and the permitting authority should issue a certificate of change to the building participant after confirming the contents of the report, and the permitting authority can not reject the report as a legitimate ground for rejection of the report, in principle, if the construction participant's change is approved on the ground that the construction participant's change report is not legitimate.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Yang Sung-tae (Presiding Justice)