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(영문) 의정부지방법원 2017.02.07 2016구합9249
착공신고반려처분취소
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 December 12, 2014, the Plaintiff filed an application with the Defendant for a construction permit to build Class II neighborhood living facilities (general restaurants; hereinafter “instant building”) with a total floor area of 133.76 square meters on the land (hereinafter “instant land”) of the Yongsan-gu, Yongsan-gu, Busan, C, D, E, F, and G (hereinafter “road”), the land category of which is a “road”, F, and G.

B. Accordingly, in determining that the construction of the instant building is likely to become a blind land, the Defendant, on March 17, 2015, verified whether the Plaintiff secured an access substitute road to the H land and demanded the Plaintiff to supplement the evidentiary documents, such as the drawing (including written consent under Article 45 of the Building Act).

C. As to the above Defendant’s request for supplement, the Plaintiff requested a conditional building permit on April 21, 2015, on the grounds of the current status of the H land construction permit and economic reasons. The Defendant accepted the Plaintiff’s application on April 21, 2015, and granted the building permit (hereinafter “instant building permit”), and it is possible to process the approval for use of the building on the neighboring H land or to process the report for commencement of the instant building after the said land was combined with I land

(Conditional Permissions). The conditions of permission were added.

(hereinafter “instant condition of permission”) D.

On December 3, 2015, the Plaintiff submitted a report on the commencement of the instant new building construction to the Defendant. However, the Defendant, on two occasions, requested the Plaintiff to supplement the following documents: (a) complete the approval for use of a building on H land in accordance with the conditions of the initial construction permit; or (b) complete the merger with I land; and (c) complete the merger with I land;

(hereinafter referred to as “instant request for supplement”). E.

Article 25 (1) of the Enforcement Decree of the Civil Petitions Treatment Act of February 29, 2016, the defendant does not supplement the above documentary evidence by the deadline for final request for supplementation.

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