건축허가(신축)취소처분 취소
1. The revocation of a construction permit granted to the Plaintiff on January 31, 2018 by the Defendant is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. 1) On July 11, 2006, the Plaintiff: (a) on July 11, 2006, the Plaintiff: (b) Dong Government-si B, the Plaintiff owned from the Defendant, 566.3 square meters (hereinafter “instant land”).
() A building permit was granted for the construction of a building area of 388.86 square meters, building-to-land ratio of 68.67%, total floor area of 3,796.83 square meters, underground floors with a floor area of 575.62%, and a building permit for the construction of a building of 9 stories on the ground (hereinafter “the first permit”).
(2) On July 6, 2007, the Plaintiff filed an application with the Defendant for the extension of the construction period on the ground of a change in the business plan, and filed a report on the commencement of construction on July 17, 2008.
3) On December 31, 2012, the Plaintiff obtained permission from the Defendant to newly construct a building, the main purpose of which is multi-family housing (urban studio housing and neighborhood living facilities), the building area of which is multi-family housing (urban studio housing and neighborhood living facilities), the total floor area of which is 4,583.48 square meters, the total floor area of which is 4,583.41 square meters, and the floor area ratio of which is 793.55 percent (hereinafter “the first permission to change”).
(4) On January 5, 2017, the Plaintiff obtained a permit from the Defendant to newly construct a 20-story building on the instant land, the main purpose of which is multi-family housing (multi-family housing 51 households) and business facilities (officetel 6), 381.56§³, building-to-land ratio of 67.38%, total floor area of 5,069㎡, 841.03% of floor area of 841.03%, and the 1st underground floor and the 20th ground.
(hereinafter referred to as “second change”). (b)
On January 11, 2018, the Defendant notified the Plaintiff of the procedure of hearing to revoke the construction permit on the ground that construction was not commenced within one year from the date of obtaining the permit, and on January 29, 2018, the hearing procedure was conducted on January 29, 2018. (2) The Defendant issued a disposition to revoke the construction permit as follows pursuant to Article 11(7) of the former Building Act (amended by Act No. 14535, Jan. 17, 2017; hereinafter the same) on the ground that the construction permit was not commenced within the prescribed period after obtaining the construction permit from the Plaintiff on January 31, 2018.
(c).