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(영문) 대전고등법원 2013.07.25 2012누3093
사용승인취소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. On March 21, 2007, B obtained permission from the Defendant for the new construction of warehouse facilities on the ground of the 1,621m2 (hereinafter “instant land”) of Boan-si, Boan-si (hereinafter “instant land”) and newly constructed a warehouse of 241.92m2 in a single story, and obtained approval for the use of the said warehouse from the Defendant on February 10, 2010.

B. On June 15, 2010, upon obtaining permission for the use of the instant land from B, A filed a building report with the Defendant on the purport that he/she would extend the storage and disposal facilities of one story of 18.9 square meters of brick structure (1 Dong) and one story of 5.76 square meters of brick structure (1 Dong) on the instant land on the ground of the instant land, and received a certificate of completion of report from the Defendant on June 23, 2010.

C. On February 7, 2011, A purchased the instant land and existing warehouse 241.92 square meters, and on February 10, 2011, A reported to the Defendant on February 10, 201, the change of use to the effect that the main purpose of the said warehouse is to change the main purpose of the warehouse from warehouse facilities to the storage and treatment facilities for hazardous substances. The Defendant accepted the said report on February 16, 201.

On December 5, 2011, A filed an application to the Defendant for approval of use with the intent to use one unit of a building of 18.9 square meters of brick light steel structure as a dangerous substance storage and treatment facility (chemical storage-fire storage), and one unit of a brick structure of 5.76 square meters as a dangerous substance storage and treatment facility (explosion storage facility-explosion storage), and one unit of a building of 241.92 square meters of the existing light steel structure as a dangerous substance storage and treatment facility (explosion storage facility).

On December 12, 2011, the Defendant issued a disposition to approve the use of the above three buildings (attached Form 2; hereinafter collectively referred to as “instant building”) located on the instant land (hereinafter referred to as “instant disposition”) with the following contents as indicated below.

Existing 1,621 square meters of a building site area C 1,621 square meters of a building site area: 241.92 square meters of a 24.66 square meters: Existing 266.58 square meters of a building site: 241.92 square meters of a building site area: 24.66 square meters of a building site: 3 square meters of a 266.58 square meters of a building site area: 26.58 square meters of a building site, storage of dangerous substances

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