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(영문) 대법원 2019.01.10 2017두75606
가설건축물축조신고 불수리처분 취소
Text

The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.

Reasons

The grounds of appeal are examined.

1. Article 20(1) of the former Building Act (amended by Act No. 14535, Jan. 17, 2017; hereinafter the same) provides that “A person who intends to construct a temporary building in an area planned for urban or Gun planning facilities or planned urban or Gun planning facilities shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu.” However, Article 20(3) provides that “A person who intends to construct a temporary building for the purposes prescribed by Presidential Decree, such as disaster relief, entertainment, exhibition, construction temporary building, shall do so after filing a report with the Special Self-Governing City Mayor, the Special Self-Govern

According to delegation, Article 15(5) of the Enforcement Decree of the Building Act provides the use of a temporary building, Article 15(7) provides the retention period of a temporary building, and Article 15(9) provides that when the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu receives a construction report of a temporary building, he/she shall confirm the details thereof and issue a

Before January 17, 2017, the former Building Act, prior to the amendment, does not stipulate on the agenda of permission or consultation, including permission for development activities, under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), in relation to the report of a temporary building, while classifying a system of permission and reporting according to the area and purpose for which a temporary building is constructed.

Considering the purpose of relaxing the regulation of temporary buildings subject to reporting, the administrative agency cannot refuse to accept the report on the construction of temporary buildings on the ground that it does not meet the criteria for permission for development activities, barring

2.(a)

The judgment of the court of first instance cited by the judgment of the court below.

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