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(영문) 대법원 1975. 10. 21. 선고 74누142 판결

[파면처분취소][공1975.12.1.(525),8701]

Main Issues

If the number of buildings and the building area according to scale are attached to the second application for permission to change the existing building area which exceeds the already permitted area, if the number of buildings and the building area according to scale are attached to different drawings, whether there is grounds for disciplinary action against the public official who has handled the affairs to permit the application for change

Summary of Judgment

If the second application for the permission of change of the building area, which is filed by the constructor who has a violation that exceeds the already permitted area, is accompanied by a drawing that the number of buildings and the building area according to the scale of the building area are considerably different, it is likely that the violation of the building permission may occur at the same time after the detailed examination of the application drawing in detail, and if a public official who is responsible for the performance of the affairs related to the affairs related to the granting of the permission of change of the building area has handled the affairs so that the application for the permission of change of the building area may be permitted without the completion of the detailed examination, there

Plaintiff-Appellant

[Judgment of the court below]

Defendant-Appellee

Attorney Seo-hee et al., Counsel for the defendant-appellant in Seoul Special Metropolitan City

Judgment of the lower court

Seoul High Court Decision 72Gu652 delivered on June 4, 1974

Text

The appeal shall be dismissed. The costs of appeal shall be borne by the plaintiff.

Reasons

The grounds of appeal are examined.

1. In examining the records of the Plaintiff’s grounds of appeal, the original rejection of the Plaintiff’s letter of violation that deprived of the Plaintiff’s opportunity to defend himself/herself for the disciplinary procedure is justifiable, and the Plaintiff’s assertion that there was any defect in the disciplinary procedure is groundless.

2. As to the grounds of appeal by the plaintiff Lee Jae-con, a summary of the fact that the judgment of the court below recognized the grounds of appeal by the grounds of appeal by the reasons of the disciplinary action of this case is that the constructor has secured the prescribed distance from neighboring land at the time of the application for the second construction design modification of this case, the increase in the area caused by the thickness of the wall and the violation of the construction and permitted matters of the 11th floor extension, and even if it was not corrected even if it was filed, it was not corrected. However, even in the case of the second design modification application, even though the building area based on the number indicated in the drawings attached to the application form and the building area based on the size of the building area based on the size were different from each other and the building area based on the size of the drawings attached to the application for the second design modification, it was impossible to find the facts in violation of the rules of evidence as seen above.

According to the evidence cited by the theory, it is common sense that the building area should be calculated on the basis of the number indicated on the ground plan in the application for building permit. However, in this case, the second application for the permission of change filed by the constructor who has a violation of extending the area already permitted, such as the number of buildings and the building area according to scale, are likely to violate the construction permit again after the detailed examination of the application drawing, and it is clear that there is an obligation to perform the affairs of the building permit again after the detailed examination of the application drawing, and therefore, the decision that the plaintiff who performed the affairs to be permitted as above did not reach the above should be justified in the judgment that determined that there was a ground for disciplinary action, and that the above circumstances were also included in the initial disciplinary action, and there is no ground for objection.

Therefore, the appeal shall be dismissed, and the costs of the lawsuit shall be borne by the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kang Jeong-hee (Presiding Justice)

심급 사건
-서울고등법원 1974.6.4.선고 72구652