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(영문) 울산지방법원 2016.04.21 2015구합6723
건축허가 취소신청 반려처분취소
Text

1. On November 11, 2015, the Defendant’s disposition revoking an application for revocation of a construction permit against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. On October 15, 2007, the Plaintiff was granted a construction permit to construct a main complex building with the 13th above ground and the 1236.6m2 (hereinafter “instant land”). On October 15, 2007, the Plaintiff and the Defendant as a joint owner of the Plaintiff and the Gapo Construction Co., Ltd. (hereinafter “Gapo Construction”) as the owner of the instant land in Ulsan-gun, Ulsan-gun, Ulsan-gun, the 13th above ground and the 14th underground floor.

Since then, Tae-dong Comprehensive Construction Co., Ltd. (hereinafter “Tho-dong Construction Co., Ltd.”) wishes to be transferred the status of the above construction of Gapo-dong Construction. Accordingly, the Plaintiff and Tae-Ma-dong Construction Co., Ltd. as co-owner, and the Defendant reported the change of construction participants with the content of constructing the main complex building on the 15th and the 2nd underground floor, and the Defendant accepted it on June 17, 2009 (hereinafter “instant construction permit and repair permit”).

B. Around that time, solar light building started the construction of a main complex building on the instant land (hereinafter “instant construction”). From December 28, 2009, the construction was suspended from around December 28, 2009. The degree of progress of the construction up to that time is the completion of the construction of a cement foundation of the ground and underground floor, and the sloping beam of the first and second underground floors.

1. The Ulsan District Court 2010 Ma2523 land delivery etc., Busan High Court 201Na9914, the land owner and the applicant who is the plaintiff (the above civil suit) won all the case.

2. Therefore, the cancellation of the construction permit of this case is requested due to the failure of progress of the project, and the permission is revoked under Article 11(7)1 and 2 of the Building Act, and the main time is the period.

C. On October 5, 2015, the Plaintiff filed an application with the Defendant as follows.

On October 13, 2015 and October 27, 2015, the Defendant is the owner of the instant building permit, and thus, the Plaintiff is the owner of the instant building permit.

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