[건축허가취소처분취소][집14(1)행,052]
Whether an administrative disposition revoking a building permit on the ground that the establishment of an educational district is not suitable for the public interest due to the establishment of the educational district after the building permit was granted.
After a house building permit was issued, the cancellation of the building permit is illegal only for the reason that the education district was established.
Article 22(3) of the Urban Planning Act, Article 13 of the Enforcement Decree of the Urban Planning Act, Article 33 of the Building Act, Article 114-5(2) of the Building Act
Plaintiff (Attorney Lee Hong-soo, Counsel for the plaintiff-appellant)
Gwangju Market
Gwangju High Court Decision 65Gu17 delivered on October 26, 1965
The original judgment is reversed, and the case is remanded to the Gwangju High Court.
As to the ground of appeal No. 1 by the Plaintiff’s Attorney:
According to the explanation of the reasoning in the judgment of the court below, building permission was rendered as of October 19, 1963, and the Minister of Construction and Transportation's decision was made on December 6, 1963 on the adjacent land including the building site. Accordingly, the defendant revoked building permission on the ground of the establishment of the educational district. Thus, even though building permission did not have any defects at the time of permission, and the right of cancellation was reserved under Article 6 of the Building Act, if the continuation of building permission on the ground of change of circumstance does not meet the public interest, it can be withdrawn regardless of whether the ordinance exists under Article 13 of the Enforcement Decree of the Urban Planning Act, Article 114-5 (2) of the Enforcement Decree of the Building Act, or Article 114-5 (2) of the Enforcement Decree of the Building Act, and thus, the decision on the cancellation of building permission on the ground of the establishment of the urban planning education district, which is a public service project project, and the construction permission on the ground that the construction permission was established on the ground that it is not appropriate after the establishment of the public interest building project district.
Therefore, according to Article 14 of the Administrative Litigation Act and Article 406 of the Civil Procedure Act, it is decided as per Disposition by the assent of all participating judges.
The judges of the Supreme Court, the two judges of the two judges of the Supreme Court (Presiding Judge)