logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.10.28 2015구합23245
착공신고반려처분취소
Text

1. On July 28, 2015, the Defendant’s disposition of accepting reports on the commencement of construction against the Plaintiff shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On January 5, 2015, the Plaintiff obtained a construction permit from the Defendant to newly build a Class 1 neighborhood living facility (retail stores), Class 2 neighborhood living facility (general restaurants), and Class 2 neighborhood living facility (manufacturing establishments) with a total floor area of 340.43 square meters on the land of 704 square meters in Daegu-gu, North-gu and C large 73 square meters.

B. On June 15, 2015, the Plaintiff filed a report on the commencement of a building (hereinafter “instant commencement report”) with the Defendant pursuant to the said building permit. On July 28, 2015, the Defendant resolved the civil petition demanding the Plaintiff to revoke the building permit, and notified the Plaintiff to submit the result of measures taken, and issued a supplementary notice to return the commencement report on the ground that the Plaintiff did not supplement the report.

(hereinafter “Disposition of this case”). 【The ground for recognition of this case’s Disposition of this case’s Disposition of this case’s Disposition of this case’s No. 1, 2, 3, and 8 of Gap’s No. 1, 2, 3, and

2. Whether the instant disposition is lawful

A. The Plaintiff’s report of commencement of construction works is a report which does not require repair, and the administrative agency may not refuse to accept the report of commencement of construction works on the ground of substantive reasons unless there is a defect in the form of the report

The instant disposition that rejected the instant construction report on the ground that there is a civil petition demanding the revocation of a construction permit is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. (1) Article 21 of the Building Act and Article 14 of the Enforcement Rule provide that a project owner who intends to commence construction works of a building for which a building permit has been granted shall report the construction plan to the permitting authority, along with a copy of the agreement between construction participants, design drawings and specifications specified in attached Table 4-2 of the Enforcement Rule of the Building Act, and the permitting authority shall issue a report completion certificate to the reporting authority upon receipt of the report on commencement of construction works, and does not stipulate any separate requirements for acceptance of the report. (2) The above report on commencement of construction

arrow