사용승인처분무효확인 등
1. All of the instant lawsuits are dismissed.
2 Costs of lawsuit shall include costs resulting from participation.
1. Details of the disposition;
A. On December 31, 2015, B Co., Ltd. (hereinafter “B”) obtained a construction permit for accommodation facilities (hereinafter “instant hotel”) from the Defendant as a small accommodation site in accordance with the plan for the development of the C Tourist Complex and designated as a small accommodation site.
(hereinafter “instant building permit”). (b)
B reported the sale of the instant hotel to the Defendant pursuant to the Act on Sale of Building Units, and received notice of acceptance of a sale report from the Defendant on February 26, 2016 (hereinafter “approval of sale”), and sold the instant hotel to the Plaintiffs from around that time.
C. The Intervenor joining the Defendant (hereinafter “ Intervenor”) entrusted the instant hotel construction project from B and succeeded to the position of the owner of the building on January 12, 2018.
An intervenor obtained approval for the use of the hotel of this case from the defendant on August 21, 2018
(hereinafter “Disposition for Approval of Use of this case”). 【No ground for recognition” exists, Gap’s 1 through 6, 8, 9, 18, Eul’s 1 and 9, and the purport of the whole pleadings.
2. The plaintiffs asserted that the approval of the use of this case should be invalidated or revoked on the grounds that the plaintiffs' assertion is unlawful on the grounds that serious and apparent defects exist in the approval of the use of this case.
1) The instant building permit was defective as follows, and the defect was succeeded to the instant approval disposition. (A) The instant hotel violated the restriction on the total floor area, building-to-land ratio, floor area ratio, and floor area ratio, which are the standard for small accommodation facilities in the C Tourist Complex Development Plan publicly notified by the Gyeongbuk-do Governor (E).
B) At the time of the instant building permit, the Defendant did not verify at all on the capacity to construct and operate the hotel of this case, which is the previous owner B at the time of the instant building permit. (2) The instant building permit was defective as follows, and the defect was succeeded to the instant approval for use.
The hotel of this case is a small accommodation.