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(영문) 광주고등법원(전주) 2015.07.06 2014누1159
건축허가취소처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. On August 17, 2011, the Plaintiff obtained a building permit from the Defendant to a training facility with the name of “B youth hostel” (hereinafter “instant youth hostel”) on the ground of the title “B youth hostel” on the land outside the A and six parcels (hereinafter “instant site”).

(hereinafter “instant permission disposition”). (b)

On July 30, 2012, the Defendant: (a) notified the Plaintiff of the scheduled cancellation of the construction permission, stating that “A building for which construction permission was granted shall be revoked if the construction fails to commence within one year from the date on which the construction permission was granted; (b) an application is filed for the extension of the construction report or the period of commencement until August 16, 2012; and (c) a construction permission shall be revoked pursuant to Article 11(7)1 of the Building Act if the Plaintiff fails to comply therewith.”

C. On August 20, 2012, the Plaintiff filed an application for postponement of the commencement of the instant youth hostel with the Defendant on the ground of economic difficulties in the head office.

On September 12, 2012, the Defendant notified the Plaintiff of the acceptance of the extension report stating that “the scheduled commencement date shall be postponed on August 15, 2013, but if the construction is not commenced within the said period, the instant construction permit disposition will be revoked.” The Defendant notified the Plaintiff of the same content again on June 26, 2013.

E. On August 12, 2013, the Plaintiff: (a) stated that “The construction cost of the unlimited civil engineering and construction design and construction design and the existing design is being changed to the design that meets the purpose of the youth hostel due to serious defects in the function of the youth hostel; and (b) intends to establish and reflect a utilization plan that is discovered during the construction work in compliance with the purpose of the construction of the youth hostel.”

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