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(영문) 대구지방법원 2016.05.24 2015구합23719

건축신고서반려처분취소청구

Text

1. The Defendant’s disposition to return the building report against the Plaintiff on August 18, 2015 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On May 23, 2015, the Plaintiff filed a building report (hereinafter “instant report”) with the Defendant, including permission to engage in development activities and permission to occupy and use a building (hereinafter “instant building”) for the purpose of constructing a building on the ground of 697 square meters (hereinafter “instant site”) among 2,091 square meters (hereinafter “instant application site”).

121. Total floor area of 64 square meters: Number of main buildings with 121.64 square meters: Matters to be disposed of in a single house: Permission for development activities, permission for occupation and use of roads, permission for, reporting or consultation on farmland diversion, and reporting on installation of private sewage treatment facilities;

B. On June 12, 2015, the Defendant, following consultation with relevant departments, requested the Plaintiff to supplement civil petition documents stating that access roads to the instant building should be secured by June 30, 2015 (hereinafter “the first request for supplement”). As the Plaintiff did not comply with the supplement, the Defendant, on July 2, 2015, requested the Plaintiff to submit documents to secure access roads by July 12, 2015 (hereinafter “the second request for supplement”).

C. On July 10, 2015, the Plaintiff could enter the instant site using 1,681 square meters (hereinafter “instant access road site”) adjacent to the instant application to the Defendant, and accordingly, submitted a supplementary completion report requesting the instant report following consultation.

Accordingly, on July 14, 2015, the Defendant, following the re-consultation with the relevant department, requested the Plaintiff to submit the documents related to securing access roads by July 31, 2015 (hereinafter “third supplement request”), and requested the Plaintiff to submit the documents related to securing access roads by August 4, 2015 when the Plaintiff did not comply with the supplement, and was accordingly demanded the Plaintiff to submit the documents related to securing access roads by August 14, 2015, and was returned in accordance with Article 15 of the Enforcement Decree of the Civil Petitions Treatment Act if the documents are not submitted within the time limit, “if the documents are not submitted within the time limit, it shall be returned” and “the request for supplement of civil petition details shall be made in accordance with Article 4