건축허가신청반려처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
On August 11, 2016, the Plaintiff filed an application with the Defendant for a building permit (hereinafter referred to as “instant application”) to newly build facilities related to the same plant and plant on the ground B at the time of Jinjin-si.
On September 20, 2016, the Defendant demanded the Plaintiff to supplement the instant application on October 21, 2016, and entered it in the Internet Building Administrative System (SP) and simultaneously served related documents by mail.
After receiving the Plaintiff’s supplementary documents, the Defendant requested the Plaintiff to supplement the instant application on January 17, 2017, and entered them only in the architectural administration system, and did not deliver the relevant documents by mail.
After receipt of some supplementary documents by the Plaintiff, the Defendant requested supplementation of the instant application on February 23, 2017, March 6, 2017 (hereinafter “instant request for supplementation”) and entered it only in the architectural administration system, and did not deliver the relevant documents by mail.
On March 21, 2017, the Defendant rendered a disposition rejecting an application for building permit (hereinafter “instant disposition”) on the ground that the Plaintiff failed to comply with the instant request for supplementation.
[Grounds for recognition] The facts without dispute, Gap evidence Nos. 1 through 6, and 8 (if a serial number exists, including branch numbers; hereinafter the same shall apply), and the purport of the entire argument as to the validity of the disposition of this case, the plaintiff's assertion that the disposition of this case is legitimate, the defendant, claiming on September 20, 2016, demanded the plaintiff to supplement the application of this case, shall enter it in the architectural administration system, and deliver the relevant documents by mail at the same time. At the time of the request for supplementation of this case, the plaintiff only entered it in the construction administration system, but did not deliver the relevant documents by mail. Thus, the plaintiff failed to confirm the defendant's request for supplementation of this case.
Article 24 of the Enforcement Decree of the Civil Petitions Treatment Act (hereinafter referred to as the "Civil Petitions Treatment Act") shall apply in writing for the supplementation of civil petition documents.