건축신고취소처분취소
1. Revocation of a judgment of the first instance;
2. The Defendant’s revocation disposition against the Plaintiff on January 20, 201.
1. Details of the instant disposition
A. On October 4, 2007, the Plaintiff (hereinafter “instant land”) filed a building report with the Defendant on November 20, 207, in order to newly construct a detached house of the size of one story above the building area of 124.85 square meters and the total floor area of 111.31 square meters (hereinafter “instant house”), and the Defendant accepted the said report on November 20, 2007.
B. After that, on November 22, 2007, the Plaintiff filed a commencement report with the Defendant on November 22, 2007 (the scheduled date of commencement of construction works November 26, 2007).
C. However, on January 20, 201, the Defendant revoked the said building report on the ground that the Plaintiff did not commence the construction within one year from the date of the said building report.
(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute; Gap evidence Nos. 1, 2, and 5; Eul evidence Nos. 1, 2, and 9; and the purport of the whole pleadings.
2. Judgment on the main defense of this case
A. The Defendant’s defense provides that “If a person who filed a building report fails to commence construction works within one year from the date of the report, the report shall become null and void,” pursuant to Article 14(3) of the former Building Act (amended by Act No. 10599, Apr. 14, 2011; hereinafter the same), the instant building report shall become null and void as a matter of course, and the instant disposition is merely a notification of the invalidation of the said building report, and it does not constitute a “disposition” subject to an appeal litigation, and thus, the instant lawsuit is unlawful.
B. The issue of whether a certain act of an administrative agency 1 is subject to appeal cannot be determined abstractly and generally, and an administrative disposition is an enforcement of law with respect to specific facts conducted by an administrative agency as a public authority, which directly affects the rights and obligations of the people. In mind, the content and purport of the relevant Act and subordinate statutes, the subject, content, form, and procedure of the act, and the act and the other party.