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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On December 26, 2016, B Co., Ltd. (hereinafter “B”) filed an application for a construction permit under the Building Act with the owner as “B” on the building site of the main use factory, site area, 4,152 square meters, building area, 787.76 square meters, total floor area of 1,291.22 square meters, which is a total floor area of 1,291.22 square meters, with the Defendant (the head of Nam-gu Incheon Metropolitan City) via a certified architect C (the former title: the head of Nam-gu Incheon Metropolitan City) and the project plan, etc. necessary for filing an application for approval for the establishment of a new factory, along with documents, etc. (the report on the construction of a structure under the Building Act, the permission for development under the National Land Planning and Utilization Act, the permission for the establishment of a drainage system under the Sewerage Act, and the report on the establishment of a new factory under the Sewerage Act).
On January 25, 2017, the Defendant issued a building permit with the same content as the above application (hereinafter “instant building permit”) to B, along with the Defendant’s economic support division, environmental conservation division, construction division, traffic administration division, urban development division, head of media publicity division, and the head of Incheon Southern Southern District District Department’s respective response to the overall consultation on complex civil petitions. Among them, the Defendant’s response to the overall consultation on complex civil petitions in the name of the head of the Defendant’s economic support division (hereinafter “the instant response”) is within the scope of 5,521 square meters, which is the remainder of the total factory quantity assigned to the Gu as the 1,379.58 square meters in relation to the Defendant’s application for the building permit, and accordingly, the agenda for deliberation is appropriate along with his opinion that the approval for the establishment of a factory may be revoked if emission facilities are different from the details of the report in the remarks column or if it is not reported after the completion of the construction.
On February 24, 2017, the Plaintiff filed a report with the Defendant on the change of the owner of the instant building permit from B to the Plaintiff on February 24, 2017.