건축허가처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.
1. Details of the disposition;
A. On October 15, 2014, the Plaintiff, C, D, E, and F (hereinafter “five persons, including the Plaintiff”) was the owner of G G 1,154.5 square meters (hereinafter “instant land”). On October 15, 2014, the Defendant obtained a construction permit from the Defendant to build Class 1 neighborhood living facilities (won and retail store) with the total floor area of 9,175.9 square meters on the instant land.
B. The Plaintiff et al. sold the instant land to H on April 2, 2015, and thereafter, H constituted the Intervenor joining the Defendant, and subsequently drafted a real estate sales contract with the Defendant as the purchaser.
The Intervenor joining the Defendant completed the registration of ownership transfer on April 24, 2015 with respect to the instant land on April 24, 2015.
C. Since then, the Plaintiff and the Intervenor did not file a construction report even after one year has passed since the date on which the dispute regarding the transfer of the shares of the Intervenor joining the Defendant and the change in the title of the instant construction permit was occurred, and the Defendant revoked the construction permit pursuant to Article 11(7) of the Building Act after the notification of prior disposition to five persons including the Plaintiff, etc. on December 11, 2015.
The Plaintiff filed a lawsuit seeking revocation of the said construction permit revocation disposition by Changwon District Court 2016Guhap50684, but the said court dismissed the Plaintiff’s claim on September 6, 2016.
E. Meanwhile, on December 24, 2015, the Defendant filed an application with the Intervenor for a building permit to newly build the first, second and second neighborhood living facilities and business facilities (offices) on the instant land on a total floor area of 7,327.05 square meters on the instant land, and filed a building permit with the Intervenor on March 16, 2016.
(hereinafter referred to as “instant building permit”). 【No dispute exists, entry in Gap’s Evidence Nos. 1 through 4, 6 through 8, and Eul’s Evidence Nos. 11 through 13 (including the branch number, hereinafter the same shall apply) and the purport of the whole pleadings.
2. The Plaintiff’s construction permit on the instant land is granted from the Defendant in determining the main defense of safety.