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(영문) 대구지방법원 2015.07.21 2015구합532
가설건축물존치기간연장불가통지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On April 8, 201, the Plaintiff filed a report on the construction of a temporary building with respect to the area of 1,096 square meters (hereinafter “instant land”) located in Seongbuk-gun, Seongbuk-gun, Seongbuk-do, and received a report completion certificate on the construction of a temporary building from Chon April 19, 201 to April 10, 201, the Plaintiff constructed one plastic house (250 square meters in size, 250 square meters in size, hereinafter “instant temporary building”) to be used as a temporary stable on the instant land.

B. Meanwhile, as the instant temporary building was filed with a civil petition that the report on construction was accepted without obtaining permission for the alteration of the current state of State-designated cultural heritage under Article 35 of the Cultural Heritage Protection Act regarding the instant temporary building, the CMyeon Director notified the Plaintiff on December 7, 201 that the procedures for the alteration of the current state of State-designated cultural heritage under Article 35(2) of the Cultural Heritage Protection Act and Article 15(2) of

C. After that, on March 26, 2013, the Defendant sent to the Plaintiff a notice of the expiration date of the retention period of a temporary building and the extension report of the retention period. Accordingly, the Plaintiff submitted a report on extension of the retention period of a temporary building on April 5, 2013, and the Defendant issued a report completion certificate to the Plaintiff on April 22, 2013 regarding the instant building as to the retention period until April 17, 2015.

The defendant on February 10, 2015 Na.

On March 3, 2015, as a civil petition similar to the civil petition stated in the Paragraph, the Plaintiff rendered a prior notice on the expiration of the retention period of a temporary building and a notice on the extension of the retention period (hereinafter “instant disposition”) to the effect that “The instant temporary building continues to have been in an unlawful state without undergoing the procedure for permitting the alteration of the current state of State-designated cultural heritage regarding the instant temporary building, and the extension of the retention period is impossible after the expiration of the existing retention period.”

[Ground of recognition] without any dispute, Gap's 1 through 4 (including paper numbers), Eul's 2, 5, 9, 9.

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