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(영문) 부산고등법원 2019.08.23 2019누20525
건축신고수리처분취소
Text

1. Of the judgment of the court of first instance, regarding the receipt and disposition of the building report stated in the attached Table No. 2, which the Defendant rendered to I on September 6, 2017.

Reasons

1. Details of the disposition;

A. The J filed a construction report with the Defendant to newly build an animal and plant-related facility (a stable) with a total floor area of 544.68 square meters (256 square meters in total, 256 square meters in main building, 32.68 square meters in total, and 32.68 square meters in a main building) of Ulsan-gun, Ulsan-gun (hereinafter “Kri”) as shown in paragraph (1) of the attached Table.

On June 28, 2017, the Defendant issued a certificate of report on the installation of livestock excreta discharge facilities, which proves that the Defendant filed a report on the installation of livestock excreta discharge facilities, which is 0.62 square meters or more of the total area of 512 square meters and 0.62 square meters of livestock excreta discharge facilities, to J on the said L land.

B. As indicated in paragraph (2) of the attached Table No. 2, I filed a construction report with the Defendant to newly construct the same plant-related facilities (a stable) with a total floor area of 512 square meters (256 square meters, each of the main buildings No. 1 and 2) in the aggregate of 512 square meters (256 square meters, respectively, in combination with the above L and the aforementioned L and the aforementioned land).

On September 6, 2017, the Defendant accepted the foregoing building report (hereinafter referred to as “each of the instant dispositions” in combination with the foregoing building report acceptance disposition against J) and the first report was accepted on September 6, 2017, which is “M of site location, site area 1,140 square meters, and building area (total floor area) 352 square meters.” Since the above report was later deemed to have been modified as to September 6, 2017 (see the written ruling of the Busan Metropolitan City Administrative Appeals Commission (hereinafter referred to as the “Seoul Metropolitan City Administrative Appeals Commission”) but the Plaintiffs are disputing the legitimacy of the original building report acceptance disposition, and the Defendant stated that the building report was accepted as identical to the above recognized facts on the said date. As such, the date and contents of the first report acceptance disposition with respect to I are recognized.

On November 23, 2017, the aggregate of 512 square meters in total, consisting of 43 ma, 43 ma in size, 1 and 2 main buildings on the above N, M land.

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