가설건축물 허가취소 등 처분의 취소
1. The part concerning the claim for cancellation of permission for temporary buildings among the lawsuits in this case shall be dismissed.
2. The plaintiff's remainder.
1. Details of the disposition;
A. On February 26, 2002, the Plaintiff acquired two buildings on the ground (a total floor area of 571.86 square meters) and four buildings without permission (a total floor area of 335.90 square meters) constructed by the Defendant from the Defendant, which were constructed by B from the Defendant around October 1995 by obtaining permission for construction of a temporary building from the Defendant (hereinafter “the instant building site”). On February 26, 2002, the Plaintiff obtained approval from the Defendant for extension of the retention period by filing a report on change of the name of the construction party to the two buildings of the said permitted temporary building. Around that time, the Plaintiff obtained permission for construction of the said four buildings from the Defendant without permission.
(B) In addition, on June 7, 2010, the Plaintiff constructed one temporary building (141.39 square meters in total) on the ground of the instant building site after obtaining permission for the construction from the Defendant on June 7, 2010 (the following, the said temporary building is referred to as “the instant 2 temporary building”, and the same is referred to as “the instant 1 temporary building” and each of the instant temporary buildings is referred to as “the instant 1 temporary buildings”) and the automobile maintenance business has been operated by using the instant temporary buildings as automobile related facilities (maintenance factory).
B. Since the aforementioned building permit for the extension of the retention period of each of the instant temporary buildings, the retention period of each of the instant temporary buildings was extended several times. Ultimately, the retention period of the instant temporary buildings was extended as of December 31, 2012, respectively until September 1, 2013.
(c) The instant construction site subject to a decision to modify the urban management plan of the Gwangju Metropolitan City Mayor shall be the urban planning facilities under the urban management plan on September 13, 1985.