logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.07.18 2017구합52366
건축관계자변경신고반려처분취소
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. B acquired the instant land on August 28, 2014 (hereinafter “instant land”). Pursuant to Article 11 of the Building Act, B obtained a building permit to build a swine shed with a total floor area of 2,630.94 square meters on the instant land (hereinafter “instant cattle shed”) and obtained a building permit from the Defendant on January 9, 2015.

B. On May 15, 2015, B: (a) the construction amount of KRW 1,450,000,000, and the construction period from May 20, 2015 to October 20, 2015; (b) the instant stable was awarded a contract for construction work; (c) the construction work of the instant stable was conducted from May 20, 2015 to October 20, and accordingly, the construction was suspended due to the aggravation of the financial standing of B.

C. Since then, the Plaintiff purchased the instant land in the voluntary auction procedure (C) in progress with respect to the instant land in KRW 256,99,000, and paid in full the purchase price on December 9, 2016, and completed the registration of ownership transfer on the instant land on December 12, 2016.

On March 23, 2017, the Plaintiff reported to the Defendant on March 23, 2017 the change of construction participants concerning the instant stable pursuant to Article 16(1) of the Building Act, Article 12(1)3 of the Enforcement Decree of the Building Act, and Article 11(1)1 of the Enforcement Rule of the Building Act.

E. However, on May 11, 2017, the Defendant rendered a disposition rejecting the report on the change of construction participants to the Plaintiff on the following grounds (hereinafter “instant disposition”).

1) According to Article 11(1) of the Enforcement Rule of the Building Act, for the change of a construction participant, a written consent to change the name of the former building owner (hereinafter “written consent to change of name”).

(3) A document evidencing a change in the relationship of rights (hereinafter referred to as “certificate of rights”)

(2) The Plaintiff did not attach a written consent to change the name or a certificate of right to the instant livestock shed. (2)

arrow