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(영문) 의정부지방법원 2014.03.25 2013구합16246

건축허가 철회신청 거부처분 취소의 소

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1. The Defendant’s rejection disposition against the Plaintiff on July 25, 2013 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. On March 30, 2012, the Plaintiff’s construction permit: (a) is the old-gu Myun Industrial Development Co., Ltd. (hereinafter “former Myun Industrial Development”).

3) The Government-dong 369-6 land owned by the Plaintiff (hereinafter “instant land”).

) A real estate sales contract (hereinafter “instant contract”) to sell and sell a building and its ground as follows:

A) A contract was concluded and the same day received the down payment amount of KRW 500 million from the development of the old Myun (U.S.). The purchase price is KRW 5.5 billion. The purchase price is KRW 5.5 billion (payment on August 30, 2012): if the purchaser of the contract for the cancellation of the contract for the remainder of KRW 5 billion (payment on the date of the contract) fails to perform the obligation to pay the remainder after the conclusion of the contract, or if the purchaser fails to perform all of the obligations under this contract, the seller may demand the performance in writing, and if the purchaser fails to pay the remainder or perform all of the obligations under this contract within 15 days from the date of the claim, the seller may immediately cancel this contract with written notification to the buyer. The seller, such as the invalidation of the written consent to the land use, agrees to the buyer’s use of the land for the purpose of permission, which is the project, at the request of the buyer, and even if this contract is terminated or invalidated, the consent to land use becomes void automatically by attaching the Plaintiff’s consent to the land use.

3) After October 2, 2012, the Defendant is the owner of the building, and the owner of the building is a Rose of Sharon Co.,, Ltd. (hereinafter referred to as the “ Rose of Sharon”).

(4) As a result of the addition, the old Mycho industrial development and the Rose of Sharon trust are required to submit a written consent to the use of land to two persons (former Mycho industrial development and the Rose of Sharon trust), which are not one person (former Mycho industrial development) but two persons (former Mycho industrial development and the Rose of Sharon trust). < Amended by Presidential Decree No. 2420, Oct. 10, 2012>