1. The plaintiff's claim is dismissed.

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

Details of the disposition

On June 27, 2017, the Plaintiff obtained a building permit (hereinafter “instant building permit”) that allows the Defendant to build animal and plant-related facilities (hereinafter “instant facilities”) of 2,060 square meters in the building area of the 2,060 square meters in Gangwon-gun, Gangwon-gun (hereinafter “instant land”) from the Defendant, which includes the phrase “the instant notice of building permit issued along with the building permit” (hereinafter “instant notice”) stating that “if the construction is not commenced within two years from the date of the building permit, the Plaintiff shall submit an application for extension of the construction, accompanied by the grounds therefor, and if the application for extension of the construction is not submitted, the building permit may be revoked.”

On June 5, 2018, the Plaintiff reported the commencement of the instant establishment to the Defendant on June 7, 2018 with the scheduled commencement date set as the date of June 7, 2018, and received a certificate of completion of construction from the Defendant on July 5, 2018.

On September 5, 2018, the Defendant issued a disposition revoking the instant building permit (hereinafter “instant disposition”) on the ground that the Plaintiff did not commence construction work according to the instant building permit within the period (within one year from the date of obtaining the instant building permit) stipulated under Article 11(7)1 of the former Building Act (amended by Act No. 14535, Jan. 17, 2017; hereinafter “former Building Act”).

[Grounds for recognition] The Plaintiff had already commenced construction work in accordance with the instant building permit, such as: (a) the absence of dispute; (b) the entry of Gap evidence Nos. 1 through 3 (including the provisional number; hereinafter the same shall apply); and (c) the purport of the entire pleading as to the legitimacy of the instant disposition; and (d) the Plaintiff’s assertion that the instant disposition is lawful; (b) the Plaintiff filed a commencement report on June 5, 2018, which was within two years from the date of the instant building permit for the construction of the instant facilities; and (c) upon receipt of the commencement report certificate on July 5, 2018; and (d) raising the deepness on the instant land. Nevertheless, the Plaintiff