건축허가취소처분취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. Upon receipt of an application for a building permit under the name of the building owner B, the Defendant permitted the construction of a Class I neighborhood living facility (village common ditch) on the ground (hereinafter “instant land”) on September 6, 2014, based on Article 12 of the former Act on Special Measures for Designation and Management of Development Restriction Zones (Amended by Act No. 123670, Dec. 29, 2015) (amended by Act No. 123670, Dec. 29, 2015).
(hereinafter referred to as the “instant building permit,” and the said building is referred to as the “instant building”). B.
The Defendant approved the use of the instant building on December 9, 2015 upon receiving an application for approval for use under the name of the village association of the owner B.
Since then, on April 4, 2016, registration of ownership preservation was made in the future of the Village Association B on April 4, 2016, and on April 22, 2016, the registration of ownership transfer was made in each order on April 12, 2016.
C. Meanwhile, in the instant building permit, E, who was an architect assistant belonging to the designer’s office, was sentenced to one year of imprisonment on March 19, 2015 in Suwon District Court case 2015Kadan207, which was sentenced to the punishment of obstruction of the performance of official duties by deceptive means and criminal facts violating the Act on Special Measures for Designation and Management of Areas of Restricted Development, etc., and appealed on the ground of unfair sentencing, and was sentenced to the judgment of the Suwon District Court 2015No1806, May 29, 2015, which was sentenced to one year of suspended sentence for one year of imprisonment, and the said judgment of the appellate court became final and conclusive as is.
In addition, C was subject to criminal punishment for the above criminal facts around that time.
The defendant is a person working as an architect assistant at the F Architect Office.
The defendant is unable to obtain a building permit for the use of a private workplace or factory within a development-restricted zone, but it is possible to obtain a building permit for the common use facilities for village residents in the name of the design cost from those who intend to construct a warehouse.