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(영문) 광주지방법원 2017.07.06 2017구합10692
건축신고수리취소처분 취소의 소
Text

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 April 18, 2014, Plaintiff A was authorized by the Defendant to conduct a land reclamation project for the creation of 29,800 square meters among 41,579 square meters of farmland and forest land in Jeonnam-gun, Jeonnam-gun. (2) Plaintiff A reclaimed 22,209 square meters of 29,80 square meters of 29,80 square meters of 29,800 square meters of 29,80 square meters of her land reclamation project. On December 29, 2015, Plaintiff A received a notice from the Defendant on the completion inspection and approval of completion.

(3) On March 9, 2016, Plaintiff A obtained permission from the Defendant to engage in development activities for the cutting of good farmland (land form and quality alteration) with respect to 9,970 square meters of 22,209 square meters of 9,000 square meters prior to Jeonnam-gun, Jeonnam-gun D, and completed cutting of the same content as permission. (B) The Plaintiffs filed a construction report with the Defendant with the following content in order to newly construct each house in part of 9,970 square meters of cut 9,970 square meters. The Plaintiffs filed a construction report with the Defendant on November 15, 2016 (hereinafter “acceptance of each building report”).

B. A detached house of 94.38 square meters in total floor area for the main purpose on November 15, 2015, Plaintiff A, the main purpose of which is to issue a certificate of completion of report, and Plaintiff B, the owner of which is 660 square meters in total floor area, and 68.3 square meters in total 68.3 square meters in total, on November 15, 2015.

C. The Defendant notified the Plaintiff on January 20, 2017, and the Plaintiff B on January 14, 2017, that “D accepted a construction report for a single house for a single house use” was revoked in accordance with Article 10(2) of the Regulations on the Promotion of Clearing Projects as reclaimed farmland completed on December 29, 2015, and revoked each of the instant construction reports.”

(hereinafter “each disposition of this case”) D.

The Plaintiffs filed the instant lawsuit on March 6, 2017, which was within the filing period.

[Ground of recognition] A without dispute, Gap evidence 1 to 6, Eul evidence 1 to 20 (including branch numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

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