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(영문) 청주지방법원 2014.11.13 2014구합11125
주택건설사업계획변경승인신청반려처분취소재결 취소
Text

1. On June 30, 2014, the Defendant applied for the approval of the change of the housing construction project plan for the Jincheon-gun.

Reasons

1. Details of ruling;

A. The Plaintiff obtained approval of the project plan for the housing construction project (hereinafter “instant project”) with the content that constructs three multi-family housing units (multi-family housing) and 270 households (hereinafter “multi-family housing units”) in the Jincheon-gun, Jincheon-gun, Chungcheongnam-do

(hereinafter referred to as “instant project site” and “instant apartment” respectively. B.

On November 21, 201, 201, C, the actual operator of B (hereinafter referred to as “B”) was awarded the instant project site and apartment in the process of compulsory auction by Cheongju District Court DD, and on March 12, 2012, C, the actual operator of B (hereinafter referred to as “B”), completed the registration of ownership transfer on the instant project site.

C. B filed an application for approval to revise the instant business plan with the head of Jindo-do on August 29, 2013. However, on two occasions on September 3, 2013 and October 4, 2013, the Jindo-gun demanded that “the details of the business plan revision and its evidential documents” under Article 11(1) of the Enforcement Rule of the Housing Act be submitted by the court ordering the change of the name of the title holder of the existing business approval or the final judgment of the court ordering the change of the title of the business approval. On May 2, 2014, B rejected the said application on the grounds that B did not submit any evidentiary document as above.

(hereinafter “instant return disposition”) D.

On the other hand, on June 27, 2013, C filed a lawsuit against the Plaintiff for the implementation of procedures for the change of the name of the approval entity for the project of multi-family housing and won the case on November 7, 2013 (Cheongju District Court 2013Gahap2679). The Plaintiff appealed against it and filed an appeal with the Daejeon High Court Cheongju District Court 2013Na1762. The above court may, on May 13, 2014, apply for the change of the project owner where the project owner is changed in accordance with Article 16(5) of the Housing Act, Article 16(5) of the Enforcement Rule of the Housing Act, and Article 11 of the Enforcement Rule of the Housing Act. If C becomes a new project proprietor of the instant project, it is sufficient that the competent administrative agency alone applies for the change of the project owner with respect to the instant project.

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