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(영문) 수원지방법원 2018.02.08 2017구합63079
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 March 6, 2014, C, a certified architect, filed an application with the Defendant for a new construction permit of a building for storage facilities (hereinafter “instant building”) on the ground of the land owned by the Plaintiff, both E and 1, located within the development-restricted zone (hereinafter “instant land”). On April 28, 2014, the Defendant permitted the new construction of a building upon the said application (hereinafter “instant building permit”).

B. Upon completion of the instant building, the Defendant approved the use of the instant building on April 30, 2015 upon receiving an application for approval for use under the name of D Village Association from the owner.

After the registration of ownership preservation of the instant building was completed in the name of the D Village Association, the registration of ownership transfer was completed on the ground of sale in the future of the Plaintiff.

C. C was indicted as charged of obstruction of the performance of official duties by deceptive means and violation of the Act on Special Measures for Designation and Management of Areas of Restricted Development as follows, and was sentenced to one year of imprisonment by the said court (the Plaintiff is the number of imprisonment of F, which was designated as a competitor in attached Table 7 of the above criminal judgment) and appealed on the ground of unfair sentencing. On May 29, 2015, the appellate court (U.S. District Court 2015No1806) sentenced C to one year of suspended sentence, and the above appellate judgment became final and conclusive as it is.

C is a person working as an architect assistant at the G architect office.

C It is possible to obtain a building permit for a private workplace or factory within a development restriction zone, but it is possible to obtain a building permit for the common use facilities of residents for village residents, and prepares a false document in return for the cost of design from those who intend to construct a warehouse and prepare a village common ditch, village common workplace, and agricultural machinery storage.

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