가설건축물 존치기간 연장 불허가 처분 취소의 소
1. Revocation of a judgment of the first instance;
2. All of the plaintiff's claims are dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is promoting the business of constructing and selling “B apartment units” in the land, such as Jeonsung-gun E (hereinafter “instant apartment business”).
B. On April 18, 2016, the Plaintiff reported to the Defendant on April 18, 2016, that one sample house of the above apartment (hereinafter “instant temporary building”) shall be constructed by the retention period until October 31, 2016, on the land of Jeonnam-gun C and F. The Defendant accepted the report on the construction of the said temporary building on April 20, 2016.
C. On September 21, 2016, the Defendant notified the Plaintiff on October 31, 2016 that the retention period of the instant temporary building should be extended by seven (7) days prior to the expiration date of the retention period.
On October 27, 2016, the Plaintiff reported the extension of the retention period of the instant temporary building to the Defendant for the extension of the retention period of the instant temporary building by April 30, 2017 due to the delay in the instant apartment project.
E. On November 1, 2016, the Defendant notified the Plaintiff of denying the extension of the retention period of the instant temporary building on the following grounds:
(1) The location, size, etc. of a passenger terminal and the expiration of the authorization period (in the absence of a written consent to land use) 2) The traffic accident and inconvenience of terminal users
F. On December 7, 2016, the Defendant notified the Plaintiff of the corrective order to remove the instant temporary building with the following content:
(hereinafter referred to as “instant corrective order”). Details of violation - Termination of authorization for modification, such as the location and size of a passenger vehicle terminal under the Passenger Transport Service Act - Deadline for the termination of the retention period of a temporary building under the Building Act: Imposition of enforcement fines (applicable each year until correction is made) under Article 80 of the Building Act when measures are not taken on December 26, 2016.