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(영문) 대구지방법원 2015.05.20 2014구합20126
가설건축물존치기간연장신고반려처분취소 청구의소
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 July 2002, the Defendant: (a) around July 2002, the Plaintiff: (b) around 7, 2002, the Hancheon-gun, Seocheon-gun, Seocheon-si, and 785,838 square meters of land as a business site; and (c) the land

(2) The project of this case shall be deemed to be the project of the City/Do Gun planning facility project.

(2) In order to install and operate an ultra light flying equipment (tourism equipment) on a scale of 8,315 square meters outside the 176-1, Y-gun, Si, Gun, and Dong-gun, and 8,315 square meters, the Plaintiff filed an application for permission for temporary building permission with the Defendant on August 201, pursuant to Article 20(1) of the former Building Act (amended by Act No. 12246, Jan. 14, 2014; hereinafter the same).

3) On August 13, 2010, the instant association submitted to the Defendant a letter of commitment that “the result of the review on the Plaintiff’s request for consent, the ultra light flying equipment contributed to the activation of the amusement park development project and the protection of the property rights of its members.” However, the instant association promised not to accept an application for permission for a temporary building other than the purpose of the association’s implementation (Evidence A No. 2). The conditions and guidance (Evidence A No. 4) based on the permission for a temporary building within three years, the retention period of a temporary building related to urban planning related to the temporary building project is within three years, and the re-extension is possible if the urban planning facility project fails to proceed thereafter, and the expenses incurred in the removal of the building (cash deposit or performance guarantee insurance, etc

If an urban planning facility project is implemented within the retention period of a temporary building under Article 64 (3) of the National Land Planning and Utilization Act, three months prior to the scheduled date of implementation.

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