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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. The Plaintiff filed an application with the Defendant for a building permit regarding B-ground collective housing (Class I neighborhood living facilities) at Seopoposi, and obtained a building permit from the Defendant on September 2, 2015.
(hereinafter “instant building permit.” The Defendant revoked the instant building permit pursuant to Article 11(7)1 of the former Building Act (amended by Act No. 12246, Jan. 17, 2017; hereinafter “former Building Act”) on November 25, 2018, on the ground that the Plaintiff did not commence construction within one year from the date of the instant building permit.
(hereinafter referred to as the "disposition in this case"). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence Nos. 1, 9, and 10 (including each number, if any) and the purport of the whole pleadings, Article 11 (7) of the former Building Act to the purport of the whole pleadings.
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. Where a person fails to commence construction works within one year (three years in the case of a factory for which permission to divert farmland or a report on divert farmland has been deemed granted pursuant to Article 13 of the Industrial Cluster Development and Factory Establishment Act: Provided, That two years in the case of a factory for which permission to divert farmland or a report on divert farmland has been deemed granted) from the date of permission, the amended provisions of Article 11 (7) of the Addenda to the Building Act (Act No. 14535, Jan. 17, 2017) shall apply from the building for which an application for a construction permission has been filed after this Act enters into force;
2. Relevant statutes;
3. The Plaintiff’s summary of the Plaintiff’s assertion was reported on August 21, 2017, and the report on the commencement of construction was accepted on November 9, 2017. Accordingly, the Plaintiff entered into a supervision agreement by paying construction design expenses, while entering into a supervision agreement by paying supervision fees, the Plaintiff’s design and ground investigation, etc. were conducted, and design changes following the strengthening of fire prevention standards.