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(영문) 서울고등법원 2018.06.14 2018누34772
건축허가취소처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the first instance except for the modification as follows. Thus, this case shall be quoted in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

The written judgment of the court of first instance on the amended part is as follows: the 4th 18th 6th 6th 7th 7th 7th 7th 8th 7th 8th 10

2) Whether the instant disposition was abused or abused from discretion, the former Building Act (amended by Act No. 14535, Jan. 17, 2017; hereinafter “former Building Act”).

According to Article 11(7) main text and 11(7)1 of the Building Act, if a person who has obtained permission fails to commence construction works within one year from the date on which the permission was granted, the permission-granting authority should revoke the permission, and this is a binding act which does not allow the permission-granting authority to do so. However, even in this case, under the proviso of Article 11(7) of the former Building Act, the permission-granting authority may extend the commencement period of construction within one year, if it is deemed that justifiable grounds exist, and thus, the permission-granting authority shall have the discretion to extend the commencement period of construction without cancelling the permission. Therefore, in this case where the Plaintiff did not commence construction works within one year from the date on which the construction permission of the building of the building of the building of the building of the instant case, the Plaintiff’s assertion may be detrimental to the Defendant’s assertion that there is a defect in the exercise of the above discretionary authority, and thus, the Plaintiff’s deviation or abuse of the said discretionary authority is examined as to whether the construction permission of the instant building was revoked, and the first instance court evidence No.

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