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(영문) 수원지방법원 2018.07.10 2017구합2296
주택건설사업계획승인취소처분취소
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. On November 14, 2007, the Plaintiff obtained approval for a housing construction project plan for multi-family housing (multi-family housing 119 households) and ancillary and welfare facilities (hereinafter “instant project”) of three units of multi-family housing (multi-family housing 10-15 units on the ground) with a site size of 9,270 square meters, total floor area of 27,41.1 square meters on the land outside 163 and 25 lots of land from the Defendant, Yeongdeungpo-gu, Chungcheongnam-gu, Yongsan-gu, and the Defendant obtained approval for a housing construction project plan for the housing project (hereinafter “instant project”). The Defendant shall commence the construction project within two years from the date of obtaining the above approval pursuant to Article 16(7) of the former Housing Act (amended by Act No. 8852, Feb. 29, 2008) and added the condition that the approval for the project plan may be revoked if the construction is not commenced in violation

B. The period of commencement of the instant project was extended to November 13, 2010 on the ground of the Plaintiff’s postponement application, on April 19, 2010, on the ground of financial issues arising from insolvency of financial institutions. The period was extended to November 13, 201 on the ground of economic deterioration and construction competition bed, etc. on January 28, 201, and was extended to November 13, 201 on the ground that the period was extended to November 29, 201 on the ground of a housing construction competition bed, etc.

C. On April 27, 2015 and December 24, 2015, the Defendant requested the Plaintiff to submit an implementation plan of the instant project and notified the Plaintiff that the approval of the instant project would be revoked if the project is not implemented.

On June 7, 2016, November 15, 2016, and January 3, 2017, the Defendant held a hearing to revoke the approval of the instant project. As a result, on April 7, 2017, the Defendant filed an application for extension of construction commencement with the Plaintiff, and requested the Plaintiff to adjust the relationship of rights, such as measures to compensate for the losses of landowners due to the delay in housing projects, and notified the fact that the procedures for the hearing to revoke the approval of the project will be resumed.

E. Since then, when a civil petition, etc. complaining of damage due to the delay of business was filed by local residents, the Defendant shall hold a hearing on August 31, 2017 to cancel the approval of the instant project.

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