개발행위허가 신청 반려 처분 취소
1. The disposition that the Defendant rendered to the Plaintiff on December 8, 2015 rejecting an application for permission to engage in development activities (change of land form and quality) is revoked.
2...
1. Around October 2015, the Plaintiff filed an application with the Defendant for permission to engage in development activities (such as changing land form and quality) for the construction of a motor vehicle maintenance plant with respect to B forest land No. 454m2 and C forest land No. 10,281m2 (hereinafter “each land of this case”).
The Defendant demanded the Plaintiff to supplement documents proving that he/she can engage in development activities, such as ownership or right to use each of the instant lands. On October 18, 2015, the Defendant rejected the Plaintiff’s application for permission to engage in development activities (land form and quality alteration) on the ground that the Plaintiff’
(hereinafter “Disposition in this case”). [Grounds for recognition] The Disposition in this case is without dispute, entry of Gap evidence 1 through 5 (including provisional number), the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. 1) The Plaintiff’s purchase of each of the instant lands entered into a contract with D to purchase each of the instant lands at KRW 10.3 billion for the purpose of constructing a motor vehicle maintenance plant around May 12, 2003 (hereinafter “instant sales contract”).
Upon entering into a contract, one billion won of down payment, and 4 billion won of intermediate payment on October 8, 2003, respectively. The Plaintiff and D obtained permission to engage in the development activities for the installation of a motor vehicle maintenance plant at the cost of each land of this case (the land transaction permission was based on the land use plan after obtaining land alteration and construction permission, and the special terms and conditions of the contract of this case related thereto are as follows:
(2) Within 15 days from the date of the contract, the buyer shall submit to the seller the design data necessary for preparing the written application for permission to construct the automobile maintenance
(3) A seller shall apply for a building permit by preparing changes in the form and quality and an application drawings related to construction within 15 days from the date of receipt of design data.
(4) A seller shall obtain a building permit within four months from the date of receipt of design data, and shall bear all expenses incurred in design and permission.
(5) A project owner shall be a seller.