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(영문) 제주지방법원 2020.05.18 2019가단62026

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On November 30, 2015, the Plaintiff filed an application for approval of a housing site development project plan and development project with respect to the 18,025 square meters of land outside Seopo-si B, Seopo-si, Seopo-si, and seven parcels.

(hereinafter referred to as the “instant application”). The instant application document was written with the gradient of the retaining wall 1:0.2, the height was 0.8 to 3.5 meters on the spherical spherical spherical spherical spherical spheroids.

On February 4, 2016, the Seopopopo City Mayor approved the Plaintiff to implement the housing site development project plan and the development project according to the above application.

Since February 2016, the Plaintiff applied for the change of tin to 1:0.2 to 1:0.3 and obtained approval from the Seopo City.

On December 2016, the Plaintiff submitted an application for change of permission for change of form and quality of land to Seopo City in Seopo City. The ground for change attached to the above application was stated that the highest height of a structure (prefinite) was changed from 3.5m to 5m from 3.5m.

Since February 2017, the Plaintiff again submitted an application for modification of permission for change of form and quality of land to Seopo City, and the highest height of installing a structure (definite) was written in the ground for change of form and quality attached to the application was five meters.

On March 3, 2017, the Plaintiff filed an application for a pre-use inspection with the Seopo City Mayor, and on March 23, 2017, the Seopo City Mayor demanded the Plaintiff to install safety fences (not less than 1.2m) in the project site, ② to create the site according to the approved project plan, to coincide with the site construction contents and the completion drawings, ③ to embling (1m) differently from the design drawings as a result of on-site verification, and to take measures for restoration to the original state.

On April 20, 2017, in relation to the Plaintiff’s request for consultation on change of the form and quality of land following the Plaintiff’s application for inspection of housing site development project, the Seopopo City demanded to change the gradient of retaining wall, which is a stone embankment, to below the standards set forth in the following table according to Article 25 [Attachment 6] of the Enforcement Rule of

(c).