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(영문) 수원지방법원 2015.12.08 2015구합65798
주택건설사업계획승인취소처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Details of the disposition;

A. On October 31, 2007, the Plaintiff obtained the approval of the housing construction project plan for the business that constructs apartment buildings of 524 households on the 60-13 and 63,854 square meters (hereinafter “instant project site”) from the Defendant for the business that constructs apartment buildings of 524 households on the 60-13 and 63,854 square meters (hereinafter “instant project site”).

B. Upon the Plaintiff’s application for the extension of the commencement of the instant project, the Defendant approved the Plaintiff on October 13, 2009 to extend the commencement date of the instant project by October 30, 201, and subsequently approved the extension on October 27, 201 by October 30, 201.

C. The Plaintiff filed an application for amendment of the instant business plan on October 30, 2012 with the scheduled date of its commencement, by increasing the scale of the household of the instant business to 674 households, reducing the unit area of the instant household, and applying for amendment of the instant business plan on October 30, 2012. The Defendant approved it on August 1, 2012.

After that, the Plaintiff filed an application with the Defendant for the extension of the commencement period of the instant project due to the aggravation of the financial standing of the principal bank. On November 28, 2013, the Defendant approved the extension of the commencement period of the instant project until July 31, 2014.

E. On July 29, 2014, the Plaintiff filed a motion to extend the commencement of the instant project again to the Defendant on the grounds of delay of the project due to the failure of the principal bank to repay and the progress of the public auction procedure for part of the instant project site. However, the Defendant did not approve the request and held a hearing on September 30, 2014 to revoke the approval of the instant project plan against the Plaintiff.

As a result of the hearing, the defendant decided to postpone the cancellation of the approval of the business plan of this case by April 2, 2015.

F. On March 25, 2015, the Defendant requested the Plaintiff to suspend the revocation of the approval of the instant project plan for three months, and did not commence construction of the instant project, and on April 6, 2015, the Defendant issued a disposition revoking the approval of the instant project plan to the Plaintiff (hereinafter “instant disposition”).

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