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(영문) 대전지방법원 2016.12.14 2016구합102459
부작위위법확인
Text

1. The disposition that the Defendant rendered against the Plaintiff on June 8, 2016 rejection of the application for usage inspection of the housing construction project filed by the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. On January 1, 2016, the Plaintiff completed the 11st floor-type apartment complex of the 11th floor above the 11st floor above the ground of the name “D” (hereinafter “instant apartment complex”) on the land outside Dong-gu, Dong-gu, Dong (hereinafter “B Dong”) and 1, Nam-gu, Seoul (hereinafter “D”) and applied for the inspection on the use of the housing construction project to the Defendant on April 11, 2016 (hereinafter “instant application”).

B. On April 20, 2016, the Defendant demanded the Plaintiff to supplement the following matters by May 19, 2016:

(hereinafter “First Request for Supplement.” - A Future - Construction supervisor shall submit an interim supervision report and a completion report pursuant to Article 25 of the Building Act (to affix the seal on the report) - Under Article 34(3) of the Enforcement Decree of the Housing Act, the authority for usage inspection must verify whether the housing or the site subject to the usage inspection is in conformity with the contents of the project plan. In addition, under Article 23 of the Housing Act, main facilities, such as roads, should be installed by the date of the usage inspection, and the width abutting on the road at a time under Article 25 of the Regulations on the Standards, etc. for Housing Construction, should be secured at least 6.0 meters. The portion (E access road and F land boundary portion) for which the boundary verification is unclear so that it can be verified whether it is in conformity with the contents of the project plan, with the attendance of the interested parties, and submit objective evidence, such as boundary marking points, to the Plaintiff (to secure a boundary marking point that the user can inspect).

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