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(영문) 대전지방법원 2016.12.01 2016구합102558
건축허가취소신청 반려처분취소 청구의 소
Text

1. On May 20, 2016, the Defendant’s disposition to revoke the return of the application for revocation of construction permission filed against the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On October 22, 2011, the Plaintiff’s spouse B entered into a sales contract with C on the condition that the Plaintiff’s spouse sell the land 1,337 square meters of the ASEAN-si D (hereinafter “land prior to subdivision”) owned by B to C for KRW 670 million (hereinafter “instant sales contract”).

B. On December 22, 2011, the land before subdivision was divided into 482 square meters in Asia-si E-si (hereinafter “instant land”).

C. B and C agreed to the buyer of the instant land as F, the mother of C. Accordingly, around December 201, B and C agreed to grant C a written consent to the use of the site that “F agrees to use the instant land as a building site on the grounds of the instant sales contract.”

C Around February 9, 2012, the Defendant filed an application with the Defendant for a new construction permit of a detached house (multi-family house) with a total floor area of 216.85 square meters and a total floor area of 585.52 square meters on the instant land in F’s name, and the Defendant permitted F to do so (hereinafter “instant construction permit”).

E. B died on June 26, 2012, and the Plaintiff inherited the 3/5 share ownership of the instant land, and G inherited the 2/5 share ownership of the instant land.

Based on the settlement amount of the land before subdivision, the remainder of the instant land shall be KRW 241,60,000, and the total amount of KRW 363,282,500, including the loan amount of KRW 100,000,000 and the substitute farmland creation cost of KRW 21,682,500 shall be determined to pay KRW 350,000, and without any conditions (C shall pay to the Plaintiff any balance, etc.) on August 10, 2012. If the agreement is made, interest shall be paid at 24% per annum, and a provisional disposition for the suspension of construction on the land before subdivision shall be accepted even if the promise is taken.

On August 10, 2012, the Plaintiff shall, at the same time, be liable for any balance, transfer of registration and all legal powers, and any civil and criminal liability if the Plaintiff breached such rights.

(A) The agent of the plaintiff, H and I shall be liable for all damages, provided that the date is not complied with.

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