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(영문) 의정부지방법원 2019.01.10 2018구합13631
건축허가 취소신청 불허가 처분 취소 청구의 소
Text

1. On February 20, 2018, the Defendant’s disposition of denial of an application for revocation of a building permit filed against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff is the owner of Ilyang-gu, Seoyang-si, Seoyang-si B farm site: 1,001 square meters; C 321 square meters; D farm site; 1,001 square meters; and E farm site: 312 square meters (Seoul Metropolitan City D; E was combined with B land on June 16, 2016; all of the above land was combined with B; hereinafter “instant land”).

B. On May 3, 2016, the Plaintiff entered into a sales contract with F Co., Ltd. (hereinafter “F”) to sell the instant land in the amount of KRW 840 million on May 5, 2016, for the purpose of constructing factories and Class II neighborhood living facilities (hereinafter “F”).

C. After that, on June 2, 2016, pursuant to Article 11 of the Enforcement Rule of the Building Act, G Co., Ltd. (hereinafter “G”) with respect to the instant land, the Plaintiff entered into a sales contract with G on or around April 2, 2015, and thereafter, G filed a commencement report to the Defendant on August 24, 2015 after obtaining a construction permit for the said land from the Defendant on August 12, 2015. However, G delivered all documents regarding the change of the construction permit to the Plaintiff on or around April 30, 2016, and the Plaintiff again entered into the sales contract with F on May 5, 2016.

In F, the change of the construction participant seeking to change the owner and contractor, and the defendant issued the F a certificate of change of the construction participant to the F on August 19, 2016.

After changing the report completion certificate to the change report certificate of construction participants (certificate No. 3), the project owner is stated as the "H", which seems to be a clerical error in the "F".

On February 2, 2018, the Plaintiff’s instant sales contract was terminated because “F” did not pay a balance to the Defendant by September 30, 2016, which is the remaining payment date. However, the Plaintiff is unable to complete construction works for buildings on the ground of the instant land because F cannot secure ownership of the instant land any longer.

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