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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. On July 15, 2014, the Defendant rendered a building permit (hereinafter “instant building permit”) for the purpose of constructing the Plaintiff’s ground building B (use: Class I neighborhood living facilities; hereinafter “instant land”; and hereinafter “instant building”).
B. On February 24, 2015, the Plaintiff reported the commencement of construction of the instant building to the Defendant.
C. Meanwhile, on March 19, 2015, C, who was an architect assistant belonging to the Dongdong Certified architect office of the instant building, was sentenced to one year of imprisonment with prison labor for the obstruction of performance of official duties by deceptive means and for the violation of the Act on Special Measures for Designation and Management of Areas of Restricted Development, on the ground that he/she committed an offense in the attached Form in the Sungnam Branch of the Suwon District Court (No. 2015
Attached Form
Criminal facts
The part related to the instant case in collusion with D, the owner of the instant land in Hanam-si, which was the owner of the instant land, and received the instant building permit by deceiving the Defendant as if he had the substance, by submitting the articles of association, business plan, minutes, etc. prepared falsely to the Defendant even though the Plaintiff did not exist as a village association for processing.
(No. 12) On May 29, 2015, the above judgment changed the sentencing to one year of imprisonment, two years of suspended execution, and 200 hours of community service at the Suwon District Court (2015No1806) which was the appellate court on May 29, 2015 and became final and conclusive on June 6, 2015.
D also, the owner of the instant land, in collusion with C by submitting the articles of association, minutes, etc. which were falsely prepared to the Defendant and received the instant building permit, was indicted on April 13, 2015, and was issued a summary order of KRW 5 million as a result of obstruction of deceptive scheme performance, violation of the Act on Special Measures for Designation and Management of Areas of Restricted Development, and the said summary order became final and conclusive around that time.
E. On January 16, 2017, the Defendant’s instant building permit was issued.
subsection (b).