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(영문) 수원지방법원 2018.02.08 2017구합63642
건축허가취소처분취소
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 January 29, 2013, the Defendant received a building permit under Article 12 of the former Act on Special Measures for Designation and Management of Development Restriction Zones (amended by Act No. 12372, Jan. 28, 2014; hereinafter “former Development Restriction Zones Act”) from a community work site, and from a D Village Association with a site of which is a 770 square meters in a lower-nam city, west-gu, Seoul Special Zone. On July 26, 2013, the Defendant issued a building permit pursuant to Article 12 of the former Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “former Development Restriction Zones Act”).

(hereinafter “instant building permit”). (b)

On May 28, 2014, the Defendant accepted a report on the change of construction participants who changed the name of the owner of the instant building permit from D Village Association to the Plaintiff.

(hereinafter referred to as "the change in the name of the owner of the instant building").

E was indicted on the charge of violating the Development Restriction Zone Act, etc. in collusion with F in connection with the instant application for building permission, and was sentenced to one year from the Sungwon District Court's Sungnam branch on March 19, 2015 (No. 2015dan207). Around that time, E appealed from the Suwon District Court on May 29, 2015 and was sentenced to one year of imprisonment and two years of suspended execution (No. 2015No1806), and the said appellate court's judgment became final and conclusive around that time, and the criminal facts of the said conviction are as shown in the attached Form.

F) Around February 2015, F also was indicted with the aforementioned contents and was sentenced to a fine of KRW 15 million from the Sungnam Branch of Suwon District Court on March 25, 2015 (No. 2015Dadan215), and the aforementioned conviction was finalized around that time.

E. On January 16, 2017, the Defendant notified the Plaintiff that the instant building permit was revoked as follows:

(hereinafter: Notification of cancellation of a building permit in a development restriction zone (A Village Association);

2. Pursuant to Article 30(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones, a building permit is granted to a building that has obtained a building permit within a development restriction zone in Korea with a thickness for the following reasons:

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