The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. Article 11(7) of the former Building Act (amended by Act No. 12246, Jan. 14, 2014) provides that where a person who obtained a building permit fails to commence construction works within one year from the date on which the permit was granted, the permitting authority shall revoke the permit. However, where justifiable grounds exist, the period of commencement of construction works may be extended within the scope of one year, and the same does not directly prohibit the person who obtained the building permit from starting construction works after the expiration of the period of commencement.

The purpose of this provision is to pursue the prompt fulfillment of the administrative purpose of the building permit, but also protect the interests of the person who obtained the building permit. Therefore, if a person who obtained the building permit starts construction before the building permit was revoked, the permitting authority should deem that the building permit cannot be revoked, unless the special public interest needs to be revoked, even if the period for commencement expires.

(see Supreme Court Decision 85Nu93, Oct. 22, 1985). This also applies where a person who obtained a building permit seeks to commence construction before the building permit is revoked, but failed to commence construction due to an illegal order issued by the permitting authority for discontinuance of construction.

Meanwhile, it cannot be said that the commencement of construction works or construction works for preparing new buildings, such as removal of existing buildings or facilities, planting trees or trees, construction of a site for a new building, and construction of fences or access roads, barring special circumstances, should have commenced, barring special circumstances. Thus, it cannot be said that there was commencement of construction works solely on the basis of the commencement of construction works or construction works for preparing new buildings, such as removal of existing buildings or facilities, planting of trees or trees

(See Supreme Court Decision 94Nu7058 delivered on December 2, 1994). 2. The facts acknowledged by the court below and the evidence duly adopted are examined.