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(영문) 부산지방법원 2017.04.20 2016구합24145
건축허가취소처분 취소
Text

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 31, 2009, the Plaintiff was a juristic person established for the purpose of housing construction and lease business, etc., and on July 31, 2009, the Defendant filed an application for construction deliberation with the Defendant to construct large sales facilities of 4 underground floors, 50,866.57 square meters of the 6th ground floor area on the 561-10 et al., Seocheon-dong, Seocheon-dong, Busan, Busan, for the purpose of constructing large sales facilities of 50,86.57 square meters of the 6th ground, and thereafter, the Defendant

B. The Plaintiff sought revocation of the foregoing non-permission disposition against the Defendant by this court 201Guhap4252, and the above court rendered a judgment that accepted the Plaintiff’s claim on November 18, 201, and the above judgment became final and conclusive around that time.

C. Accordingly, on December 30, 2011, the Defendant permitted the Plaintiff to construct a large sales facility, and thereafter, the Plaintiff modified the design and obtained a construction permit from the Defendant on February 3, 2015 with regard to a large sales facility of 7 stories underground, 6 stories above ground, 74,756,55§³.

(7) If a person who has obtained permission under paragraph (1) falls under any of the following subparagraphs, on October 6, 2016, on the ground that the Plaintiff failed to commence construction works within one year from the date on which he/she obtained permission for construction, the competent permitting authority must revoke the permission:

Provided, That in cases falling under subparagraph 1 and where it is deemed that justifiable grounds exist, the period of commencement of construction may be extended by up to one year.

1. Three years from the date of obtaining permission (two years in the case of a factory, the new construction or extension of a factory, or the change of a type of business of which has been approved pursuant to Article 13 of the Industrial Cluster Development and Factory Establishment Act: Provided, That two years in the case of a factory, the permission for conversion of farmland or the report on conversion of farmland is deemed to have been deemed to have been granted): the permission

(hereinafter referred to as “instant disposition”). [Grounds for recognition] There is no dispute, Gap’s evidence Nos. 1-4, 10, and Eul’s evidence No. 1, and pleadings.

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