건축신고 효력없음(취소)처분 취소 청구의소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On November 1, 2010, the Plaintiff filed a building report with the Defendant to newly construct detached houses of 114.04 square meters in building area and 188.86 square meters in total floor area (hereinafter “instant housing”) on one parcel, other than B, and one parcel (hereinafter “instant land”). On January 13, 2011, the Defendant accepted the said report.
B. On December 12, 2011, the Plaintiff filed a commencement report with the Defendant on the said construction report.
C. On March 9, 2016, the Defendant notified the Plaintiff that the said building report was not effective on the ground that the Plaintiff did not commence construction within one year from the date of the said building report.
(hereinafter “Disposition in this case”). / [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 and 5, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. After reporting the commencement of construction, the Plaintiff’s assertion not only commenced construction of underground parking lots for the construction of the instant housing on the instant land, but also paid KRW 19 million as construction cost after entering into a contract with the UACC Co., Ltd. for construction works and ancillary civil construction works.
As such, since the Plaintiff started construction within one year from the date of the construction report, the instant disposition was unlawful as it did not have any grounds for such disposition.
(b) as shown in the attached Form of the relevant statutes;
C. Article 14(3) of the former Building Act (amended by Act No. 10599, Apr. 14, 2011) provides, “If a person who filed a report under paragraph (1) fails to commence construction within one year from the date of the report, such report shall become invalid.” Thus, construction of a new building, such as removal of an existing building or facilities, construction of a new building, construction of a site for a new building, construction of a fence or an access road, barring special circumstances, should begin, barring special circumstances. Therefore, construction of a new building, such as removal of a new building or facilities, construction of a new building, construction of a new building site for a fence or an access road