beta
(영문) 부산지방법원 2015.07.16 2014구합22619

건축관계자변경신고수리처분 무효확인

Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

2. The costs of lawsuit shall be the part resulting from the participation.

Reasons

1. Details of the disposition;

A. On July 13, 2004, the Plaintiff is a company established with housing construction business, real estate sales business, and lease business as its business purpose. 2) The Plaintiff filed an application with the Mayor of Busan Metropolitan City on December 29, 2004 for a construction permit to newly construct and sell complex buildings (hereinafter “instant building”) with five underground floors and 4,316.80 square meters (hereinafter “instant land”) on the ground of the total area of 4,316.80 square meters (hereinafter “instant land”). In order to carry out the business of constructing and selling accommodation, sale, culture, and assembly facilities of 42 stories above the ground (hereinafter “instant building”).

3) Accordingly, on June 15, 2005, following deliberation by the Busan Metropolitan City Construction Committee, Defendant Busan Metropolitan City Mayor’s construction permit (permission number C; hereinafter “instant construction permit”) concerning the construction of the instant building to the Plaintiff.

(4) On July 16, 2007, the Plaintiff obtained a modified license to change the size of the instant building into five stories underground and forty-two stories above ground (the total floor area of 60,571 square meters) from among the matters regarding the instant building permission granted by Defendant Busan Metropolitan City Mayor.

B. On August 27, 2007, the Plaintiff, a gold mine business corporation (hereinafter “gold mine business”), Inc. (hereinafter “gold mine business”), is running the instant business.

B) On August 7, 2008, the Plaintiff entered into a construction contract with respect to the instant new construction of the building as KRW 82,026,00,000 (excluding value-added tax) and entered into a construction contract on August 7, 2008. < Amended by Act No. 8273, Aug. 7, 2008>