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(영문) 대구고등법원 2018.01.26 2017누4674
건축허가 취소처분 및 건축물 사용승인신청 반려처분 취소 청구의 소
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1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. Details of the disposition;

A. On December 18, 2015, the joint Plaintiff A (A appealed the judgment of the court of first instance, but withdrawn the appeal on January 18, 2018) in the first instance trial, received the registration of ownership transfer from friendly D with the land size of 6,592 square meters (hereinafter “the land No. 1 in this case” and, when referring to individual land, hereinafter referred to as “the land”) located on the same ground, filed an application for a building permit for the purpose of constructing a new building on that ground, and obtained a building permit from the Defendant (hereinafter “instant building permit”) on that ground.

After that, on March 30, 2016, A obtained a building permit from the Defendant to change the site area of the instant building permit into 6,592 square meters, and the building area and total floor area into 3,700 square meters, respectively.

Site Location: The building area of the site of this case 7,379 square meters: 4,200.00 square meters: 4,200.00 square meters: The use structure of 4,200.0 square meters: the same and plant-related facilities (a stable-water shed) / the number of stories of steel pipeline and the same number of stories: 6 per floor.

B. Meanwhile, on the other hand, on February 18, 2016, D acquired from H the land of the E 2,273 square meters, F 130 square meters, and G 30 square meters, and thereafter filed an application for a building permit with the Defendant on February 29, 2016, for the purpose of newly constructing facilities related to the same plant (a stable-house and compost) on the said ground.

After that, on April 7, 2016, D filed an application for the revocation of the said building permit with the Defendant on April 8, 2016, and received the repair on the said E, F, G land and I 1,91 square meters (hereinafter “instant land”) by changing the owner to the Plaintiff, and filed an application for a building permit for the purpose of constructing a new building as follows on the ground. On April 22, 2016, D obtained the building permit from the Defendant (hereinafter “instant secondary building permit”).

Site Location: The building area of the site area of this case 4,344 square meters: 2,140.80 square meters: 2,58.40 square meters: The use structure of 2,58.40 square meters: The same shall be the same and plant-related facilities (a stable and composthouse), the number of stories of steel pipe structure and the number of stories: one floor.

(c) A shall undertake construction works on April 1, 2016 after filing a report on the commencement of construction works.

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