건축허가(용도변경)신청서 및 반려통보취소 청구의소
1. Revocation of the first instance judgment.
2. On December 22, 2017, the Defendant applied for a building permit (change of the purpose of use) against the Plaintiff.
1. Details of the disposition;
2. The plaintiff's assertion;
3. The reasons why the court stated the pertinent provision concerning each of the above parts are as stated in the corresponding part of the judgment of the first instance except for the addition of some of the above parts as follows. Thus, this Court shall accept it as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
The following shall be added to the eighth end of the judgment of the first instance:
(3) Matters necessary for the procedures, methods, etc. of the supplementation of civil petition documents under paragraph (1) shall be prescribed by Presidential Decree. Article 25 (Return, etc. of Civil Petition Documents) (1) The head of an administrative agency may return the received civil petition documents, clearly stating the reasons therefor, where a civil petitioner fails to supplement the civil petition documents within the period referred to in Article 24.
4. Determination
A. Whether the Plaintiff’s failure to comply with the Defendant’s request for supplementation can be a ground for disposition of the instant disposition 1) The Civil Petitions Treatment Act (hereinafter “Civil Petitions Treatment Act”).
Pursuant to Article 22(1), where the received civil petition documents need to be supplemented, the head of an administrative agency shall, without delay, demand the civil petitioner to supplement the civil petition documents within a reasonable period. In addition, where the civil petitioner fails to supplement the civil petition documents within the said period, the head of the administrative agency may return the received civil petition documents by specifying the grounds therefor (Article 22(3) of the Civil Petitions Treatment Act, Article 25(1) of the Enforcement Decree of the Civil Petitions Treatment Act, and Article 25(1) of the Civil Petitions Treatment Act. In particular, the head of the administrative agency shall demand the civil petitioner to supplement the civil petition documents “where supplementation is