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(영문) 수원지방법원 2017.11.29 2017구합62175
건축허가취소처분취소
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 June 10, 2014, upon receiving an application for a building permit under the name of the C Village Association, the Defendant permitted the construction of a Class I neighborhood living facility (village work site) on the ground (hereinafter “instant land”) on the land owned by the Plaintiff, Hanam-si, and three parcels (hereinafter “instant land”), which are a development restriction zone under Article 12 of the former Act on Special Measures for Designation and Management of Development Restriction Zones (Amended by Act No. 13670, Dec. 29, 2015).

(hereinafter referred to as the “instant building permit,” and the said building is referred to as the “instant building”). B.

The Defendant approved the use of the instant building on January 25, 2016 upon receipt of an application for approval for use under the name of the owner C Village Association.

Since then, the registration of ownership transfer was made in order of the C Village Association in the future, and the registration of ownership transfer was made in order of the plaintiff.

C. Meanwhile, on March 19, 2015, E, an architect affiliated with the designer’s office, was sentenced to one year of imprisonment on the grounds of the following facts: (a) the Plaintiff’s husband’s obstruction of performance of official duties by fraudulent means, and the crime of violation of the Act on Special Measures for Designation and Management of Areas of Restricted Development, etc.; (b) on the grounds of unfair sentencing, E, who was an assistant of the designer’s office, was sentenced to one year of imprisonment with prison labor for one year of imprisonment with prison labor on May 29, 2015; and (c) was sentenced to two years of suspended sentence for one year of imprisonment with prison labor on the grounds of unfair sentencing. The above appellate judgment became final and conclusive as is.

The defendant is a person working as an architect assistant at the G architect office.

The defendant is unable to obtain a building permit for the use of a private workplace or factory within a development restriction zone, but with the fact that he/she can obtain a building permit for the use of a common facility for village residents, he/she shall prepare a false document in return for the cost of design from those who intend to construct a warehouse, and shall prepare a village common facility, village common facility,

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