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(영문) 춘천지방법원 2019.05.14 2019구합50098
건축물사용승인신청 반려처분 취소
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. B Co., Ltd. (hereinafter “B”) obtained approval for the use of land from the Gangwon-gun C Forest Land 9,150 square meters (hereinafter referred to as “related land”) and the educational foundation E University (hereinafter “E University”) that is the owner of D land, etc. (hereinafter “E University”) on December 19, 203, filed an application with the Defendant for a building permit to construct a Class I neighborhood facility (general bath) on the ground of D’s land.

B. On December 29, 2003, the Defendant issued a building permit with the condition of “the approval for use of a building shall be subject to the provisions of Article 2 of the Building Act and Article 3 of the Enforcement Decree of the same Act after the partition of the D land.”

C. A around November 2005, B newly constructed a building with the second floor above ground and the first floor above ground on D land on the cadastral map at the time of the time (hereinafter “instant building”).

On November 25, 2005, the Plaintiff succeeded to the position of the owner of the instant building from B, and completed the report on the change of construction participants.

From December 1, 2005 to November 16, 2017, the Plaintiff obtained approval for temporary use of the instant building from the Defendant and operated a bath at this place.

E. Around August 3, 2006, a boundary correction was made with respect to D land sources, and accordingly, the instant building was located on the ground level of approximately KRW 3,400 square meters among C land in the cadastral map.

F. On August 25, 2011, the Youngcheon District Court rendered a judgment on August 25, 201, which included the following: “The Plaintiff removed the instant building to the E University and delivered C land” (201Gahap377), and this judgment became final and conclusive.

(g) [Seoul High Court Decision 2011Na1694 decided January 4, 2012; Supreme Court Decision 2012Da10621 Decided August 17, 2012] (g) The Plaintiff submitted an application for the approval of the use of a building to the Defendant on March 27, 2018, but the Defendant submitted the application to the Defendant on two occasions.

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