원상복구명령처분취소 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. 1) The Plaintiff’s report on the construction of the instant temporary building 1) Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Development Restriction Zones Act”).
(B) Daegu Dong-gu, Seoul, which is designated as a development-restricted zone on the instant land (hereinafter referred to as “instant land”).
(i) is the custodian of the Company and is the manager of the Company for New Interest (hereinafter referred to as “New Interest”)
(2) On October 21, 2015, the Plaintiff filed a report on construction of a temporary building with respect to two buildings (on October 10, 2018, 489 square meters in total, 419.04 square meters in the building area; hereinafter “the instant temporary building”) with respect to the Defendant on the ground of 489 square meters in the vicinity of the instant land, which is governed by the Korea Highway Corporation. In addition, the Plaintiff filed an application for permission for development of the said 489 square meters (hereinafter “the instant temporary building site”) with respect to the said 489 square meters (hereinafter “the instant temporary building site”).
3) According to the application for permission to engage in development activities and the business plan, etc. submitted by new interested parties at the time, the purpose of development activities is “the alteration of the form and quality following the construction of a temporary building for construction,” which is “the construction of a temporary building,” and the plan to build a building after banking and cutting down the building on the site of a temporary building. 4) The Defendant, after consultation with the relevant departments on the suitability of permission to engage in activities, etc. in a development restriction zone, issued a certificate of report on the construction of a temporary building on November 16, 2015 pursuant to Article 20(3) of the Building Act and Article 15 of the Enforcement Decree of the same Act, along with “the conditions of reporting on the construction of a temporary building, matters to be
(hereinafter “Terms and Conditions for Reporting on Construction of Temporary Buildings”). If there is no conflict with the permission for development activities or any other relevant statute, it shall be within the development restriction zone.