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(영문) 대구지방법원 2018.04.26 2017구합22468

건축물사용승인반려처분취소

Text

1. On July 11, 2017, the Defendant’s application for approval of the use of a building against the Plaintiff was not approved.

Reasons

1. Basic facts

A. On March 7, 2016, B, who is the father of the Plaintiff, was merged with the Defendant on the land of 1,512 square meters in Northern-gu, Northern-gu and 1,554 square meters in Category D (25, May 25, 2016; hereinafter “instant land”) prior to the merger, the Plaintiff filed a building report pursuant to Article 14 of the Building Act in order to construct the following buildings on the ground, and the Defendant accepted the said report on March 23, 2016: < Amended by Act No. 14178, May 25, 2016>

o Site area: The total floor area of 1,158.4 square meters o with 3,066 square meters: The total floor area of 1,428.4 square meters o with 1,158.4 square meters: The purpose of 5 oju: Animal and plant-related facilities ( stables and composts): The report on the installation of livestock excreta discharge facilities and the report thereon.

B. On June 20, 2016, B changed the content of the report filed on March 7, 2016 to the Defendant as follows, and the Defendant accepted it on August 4, 2016.

o Building area: 1,158.4 square meters in total 1,285 square meters in 1,428.4 square meters in total, 1,158.4 square meters in 1,285 square meters in total: Four Dong (30,800,000 won in performance guarantee money for construction, and 27,000 won in license tax).

C. B on August 11, 2016, the Defendant filed a report on the commencement of a building with the content of constructing a new building under the said report.

A building owner of the above building report was changed from B to the Plaintiff’s sole name on August 2016 through the joint name of B and the Plaintiff.

E. After doing so, the Plaintiff filed a report with the Defendant on a partial reduction (1,44.5 square meters in a building area, 1,413 square meters in a total area, 1,285 square meters in a total area, 1,285 square meters in a building), and completed the building accordingly.

(F) The Plaintiff applied for approval for the use of the completed building on January 16, 2017.

G. On January 18, 2017, the Plaintiff filed an application with the Defendant for a construction permit to change the use and distribution of a building of 297 square meters per existing 1,00 square meters and to extend a building of 5,00 square meters per new 30 square meters per 5,00 square meters.

1. 31. Permission was granted

hereinafter referred to as "the case."

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