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1. The Defendant’s disposition of rejecting an application for building permit filed with the Plaintiff on August 24, 2015 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. On January 11, 2013, SPP Co., Ltd. obtained a building permit for the use of Class I neighborhood living facilities on the ground of the 564-24,125mm2 (hereinafter “instant land”) from the Defendant, Song-gu, Song-gu, Song-do, Song-do (hereinafter “instant land”). On July 201, 2013, the instant land was newly built as one transformation building with the building area of 693.98m2 on the instant land.
B. The Plaintiff purchased the instant land from SPP Co., Ltd. and completed the registration of ownership transfer on August 22, 2013.
C. On October 28, 2014, the Plaintiff filed a report on the change of a construction participant with respect to the building permit for the use of Class I neighborhood living facilities on the instant land from ASP Co., Ltd. to the Plaintiff. On November 7, 2014, the Defendant accepted the said report on November 7, 2014.
On November 12, 2014, the Plaintiff filed an application for a building permit (new construction-design alteration) for the first class neighborhood living facilities (a facility changing the nature of converted hydrogen electricity from an exchange to an exchange) on the instant land, and the outline of the building stated in the application (hereinafter “instant transformation”) is as follows.
- The aggregate of the building area: 8,515.98 square meters (total floor area: 10,120.65 square meters) - Main use: Two Dongs (the main use of which is 693.98 square meters and the main use of which is 7,745.67 square meters of the building area of the outdoor transformation station and the main use of which are 693.98 square meters) - Two Dongs (two Dongs (the buildings of 64.9 square meters of the building area, the main use of which is 64.9 square meters and the buildings of 11.43 square meters of the building area, the main use of which is 64.9 square meters of the building area) and the main use of which is 11.43 square meters of the building area, the main use of which is 10,120.65 square meters): The main use of the project site among the Asian National Industrial Complex (Tul Complex) should be approved as the main transformation and conflict between local residents in order to resolve the electric facilities of the construction plan.