주택건설사업계획승인부관 무효확인 청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Circumstances of the vice-section;
A. On May 4, 2010, the Plaintiff filed an application for the approval of the housing construction project plan with the Defendant around 6,137 square meters in order to construct six main buildings (five apartment buildings, one commercial facility), eight annexed buildings, 1,934 households, the total project cost of 1,616,020,917,00 won in order to construct a C main apartment with the scale of KRW 66,137 square meters (hereinafter “instant site”).
(hereinafter referred to as the “instant apartment construction project” and the said plan is called the “instant project plan”). B.
On April 16, 2012, the Defendant approved the instant project plan pursuant to Article 16 of the former Housing Act (amended by Act No. 11243, Jan. 26, 2012; hereinafter “former Housing Act”). The Defendant added the conditions for approval, “as the result of consultation with the relevant departments (agency) according to the Housing Construction Project and the constructive processing are attached to the relevant departments (agency) and carried out all procedures for the relevant duties, such as notification, to be carried out through consultation with the relevant departments (agency),” “The period of processing shall be settled,” and one of the notified matters between the Plaintiff and Goyang-si (amended by Act No. 11243, Apr. 10, 2012).
The part related to the dispute of this case among the details of the initial agreement and the additional agreement shall be as shown in attached Table 1.
(hereinafter referred to as “in accordance with the sequence” indicates in the same manner as the Part I of the instant case, and in total, the part I, II, and III of the instant case shall be referred to as the part I of the instant case’s issue.
The Plaintiff shall complete construction works around May 2016 and the same year from June 20, 2016.
9. Until 30. Approval for use of all the buildings has been granted.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3, and Eul No. 4 (including Serial number; hereinafter the same shall apply), the purport of the whole pleadings and arguments
2. Whether the assistant officer is lawful;
A. The Defendant’s assertion falls under the burden of “requirements for approval” added by the Defendant with the approval of the instant business plan, among them.