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(영문) 전주지방법원 2014.01.15 2013구합663
건축허가복합민원신청불허재처분취소
Text

1. On November 28, 2012, the Defendant’s revocation of a disposition not to permit complex civil petitions filed against the Plaintiff.

2...

Reasons

1. Details of the disposition;

A. 1) The Plaintiff: (a) the sum totaling 24,042 square meters (hereinafter “the instant application site”) of the area of 10,042 square meters (hereinafter “the instant application site”); and (b) the portion of 3,966 square meters to be incorporated into the instant application area among the forest No. B 12,285 square meters of forest No. 285 square meters (hereinafter

(2) As to the ground area and the total floor area of 7,886.53 square meters, animal and plant-related facilities (five dongs, composts, interview rooms, one dong, and one dong, respectively, hereinafter collectively referred to as “the instant stable”).

In order to newly build a complex complex, on March 4, 201, the Defendant filed an application for a building permit including permission for development of the instant complex complex site, permission for conversion of mountainous district, and permission for occupation and use of a road (hereinafter “instant application”).

(2) On the other hand, on January 5, 201, the Plaintiff entered into a sales contract with C to purchase the instant land at KRW 48 million (hereinafter “instant sales contract”); on the same day, the Plaintiff paid KRW 4 million to C as the down payment; on January 25, 2011, the intermediate payment of KRW 10 million was paid; and on March 8, 201, the remainder of KRW 34 million was paid.

3) At the time of the instant application, the Plaintiff submitted to the Defendant a written consent to the use of the instant land, which was delivered by C on January 201, 201, with the “documents proving the right to own or use the land to be constructed,” and C, on March 11, 2011, notified the Defendant of the withdrawal of the consent to use the land to the effect that “I wish to withdraw the previous consent to use the land, I accept any permission or report that is premised on the consent to use the land on the instant land, and the Defendant, on March 23, 2011, requested the Plaintiff to submit again the documents proving the right to own or use the instant land, and accordingly, requested the Plaintiff to submit again the documents attesting to the right to use the instant land on March 24, 2011.

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