가설건축물취소처분 및 원상회복처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
After completing the registration of livestock farming business on June 24, 2010, the Plaintiff is running a fish farming business with the trade name called “Byang Livestock Farming Business.”
On June 1, 2011, the Plaintiff filed a report on the construction of a temporary building for the construction of a plastic house (hereinafter referred to as “instant temporary building”) with a total building area of 1,846 square meters on the ground of the Daejeon-gu, Daejeon-gu, and two lots of land (hereinafter “instant land”) from July 1, 2011 to June 30, 2013. The Defendant accepted the said report on the construction on July 1, 201 and issued a certificate of the construction report on the temporary building to the Plaintiff.
On June 3, 2013, the Plaintiff reported the extension of the retention period of the instant temporary building from June 30, 2013 to June 30, 2015. The Defendant accepted the said extension report on June 28, 2013, and issued the Plaintiff the certificate of completion of the extension of the retention period of the temporary building.
On August 5, 2015, the Plaintiff filed a report on the extension of the retention period of the instant temporary building from June 30, 2015 to June 30, 2017 (hereinafter “instant extension report”). However, on August 10, 2015, the Defendant rejected the instant extension report on the ground that “the instant temporary building is located within the prohibited area of raising livestock and is inappropriate,” and the Plaintiff submitted to the Plaintiff each letter (hereinafter “instant letter”) that it would not extend the retention period at the time of the extension of the retention period of the temporary building in 2013.”
(hereinafter “Prior Disposition.” On November 5, 2015, the Plaintiff appealed and filed a lawsuit seeking revocation of the Prior Disposition (Seoul District Court 2015Guhap105192), but the judgment dismissing the Plaintiff’s claim on November 9, 2016 was rendered.
On May 11, 2017, the Plaintiff appealed (Seoul High Court 2016Nu13302) and filed an appeal (Supreme Court 2017Du46172). However, the Plaintiff filed an appeal on May 30, 2017 (Supreme Court 2017Du46172).
(c).