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(영문) 대구지방법원 2017.02.14 2016구합22317
건축허가 취소처분 및 건축물 사용승인신청 반려처분 취소 청구의 소
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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On December 18, 2015, Plaintiff A obtained the registration of transfer of ownership of the land of 6,592 square meters (hereinafter referred to as “land 1”; hereinafter referred to as “the land 1”; hereinafter referred to as “the land 1”) from pro-friendly D, the Plaintiff filed an application for a building permit for the purpose of constructing a building as follows on that ground, and obtained a building permit from the Defendant on December 29, 2015.

(hereinafter “instant building permit”). On March 30, 2016, Plaintiff A obtained a building permit (change) from the Defendant to change the site area of the instant building permit into 6,592 square meters, and the building area and total floor area into 3,700 square meters, respectively.

Site Location: The building area of the site of this case 7,379 square meters: 4,200.00 square meters: 4,200.00 square meters: The use structure of 4,200.0 square meters: the same and plant-related facilities (a stable-water shed) / the number of stories of steel pipeline and the same number of stories: 6 per floor.

B. Meanwhile, on February 18, 2016, D acquired from H the E 2,273 square meters, F 130 square meters, and G 30 square meters (hereinafter “instant 2 land”), and filed an application for a building permit with the Defendant for the purpose of newly constructing animal and plant-related facilities (a livestock shed-sure shed and compost shed) on the said ground, and obtained a building permit from the Defendant on February 29, 2016.

After that, on April 7, 2016, D filed an application with the Defendant for the revocation of the above building permit and received the repair on April 8, 2016, and thereafter, D changed the owner to Plaintiff B, and filed an application for the building permit for the purpose of constructing the following buildings on the land No. 2 of this case, and obtained the building permit from the Defendant on April 22, 2016:

(hereinafter referred to as the “building No. 2”. Site location: The area of land I in the instant case: 4,344 square meters in the area of land: 2,140.80 square meters in the area of land: 2,58.40 square meters in the area of land: 2,558.40 square meters in the area of land: The number of buildings for use related to animals and plants ( stables and composts), 2,58.40 square meters in the area

C. On April 1, 2016, Plaintiff A reported the commencement of a building and applied for approval for use of the building to the Defendant on June 10, 2016, and around that time.

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