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(영문) 수원지방법원 2019.10.17 2018구합73509
이행강제금부과처분취소 등
Text

1. Disposition rejecting an application for building permit filed by the Defendant against the Plaintiff on September 27, 2018, and the Defendant to the Plaintiff on November 22, 2018.

Reasons

Details of the disposition

The plaintiff is constructed on the ground of the land of 331-1 and 8 lots (hereinafter referred to as the "land of this case") in the Seosung-si, Seosung-si, and owns and manages the "sucilty pumping place" to supply agricultural water to farmland within the jurisdiction of the Seosung-si (Ssung-si, the eng-si, and the members of the e-mail Eup).

The Plaintiff, which was completed in around 1975, removed “a letter of business acquisition” as the facilities of “a letter of business acquisition” were worn out, and carried out the business of improving and repairing facilities to build a new letter of transfer on the ground of the instant land. On November 1, 2017, the Plaintiff filed an application for a construction permit with the Defendant for the new construction of a letter of transfer to the instant land.

(1) On November 29, 2017, the Defendant requested the Plaintiff to supplement the following: (a) the Plaintiff submitted information and communications design documents and fire-fighting design documents, and obtained permission for development activities; (b) the Plaintiff submitted information and communications design documents to the Defendant; or (c) took measures to exclude the above water from the fire-fighting design due to the separation of buildings; (d) the Plaintiff failed to obtain permission; and (e) the Defendant rejected the first application for construction permission on January 16, 2018 on the ground of non-performance of complementary matters. However, even if the Defendant failed to obtain a construction permission on the construction of the pumping site from the Defendant, the Plaintiff completed the acquisition site and supplied agricultural water from March 2018 to the neighboring farmland (hereinafter “instant acquisition site”). On March 15, 2018, the Plaintiff applied again for the construction permission on the construction of the instant Chapter to the Defendant on the ground of non-performance of complementary matters.

On July 5, 2018, the Plaintiff filed a new application with the Defendant for a construction permit regarding the construction of the instant pumping place.

(hereinafter referred to as “instant building permit”). However, the instant building permit is applied.

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