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(영문) 창원지방법원 2016.02.18 2015가합380
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff was promoted with the construction of the gas station in this case. The Plaintiff was Kimhae-si C, D, E, and F (hereinafter “instant real estate”).

(1) On the ground, construction works for gas stations (hereinafter referred to as “instant construction works”).

() On July 6, 2010, in the course of promoting the project, a construction report and permission for development activities (hereinafter “instant building report”) consisting of “facilities for storage and disposal of dangerous substances (gas station)”, “1-dong total floor area of a main building, 48.64 square meters, and 33 square meters in total floor area of an accessory building (hereinafter “instant building report”).

(2) On November 5, 2010, the term of permission for development activities was obtained (the period until July 5, 201) and the commencement report of the construction project on November 5, 2010 (hereinafter “instant commencement report”).

(2) After having commenced construction from November 6, 2010, the Plaintiff agreed to sell the instant real estate to G on December 16, 2010, and transfer the instant construction project, which was being promoted on the ground of the said real estate, to G. According to the agreement, on January 31, 2011, the owner of the instant building report and the contractor for the instant construction commencement report changed from “Plaintiff” to “G” to “G”.

3) On April 18, 2012, Kimhae-si notified the Plaintiff and G of the revocation of the instant building report and the instant permission for development for the following reasons. ① Even though the period of the instant building report obtained for the purpose of storing and treating dangerous substances on the ground of the instant real estate, G did not obtain an application for extension of the period of the permission for development activities, G did not comply with the condition that “A deposit under the name of the owner and contractor at the time of the initial permission for development activities,” which was a condition at the time of change from the Plaintiff to the construction site owner (owner and contractor).

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