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(영문) 의정부지방법원고양지원 2017.06.28 2016가단86469
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 2, 2013, the Plaintiff filed an application with the Gyeyang-gu office for the building permit of Gyeyang-gu Office for the extension and new construction of a religious facility [the temple] of the first floor concrete structure religious facility [the temple] 27m27m2, and the second floor general wooden structure [the religious facility] of the second floor on the instant religious site (hereinafter “the instant building”) on the following grounds: (a) the Plaintiff filed an application for the building permit of Gyeyang-gu Office for the instant building on the following grounds: (b) the Plaintiff filed an application for the extension and new construction of a religious facility (hereinafter “the instant building”).

B. On October 4, 2013, the head of Gyeyang-si sent an official document stating that the Plaintiff requested consultation as to whether the pertinent religious site conforms to the relevant laws and regulations, inasmuch as the Plaintiff received an application for permission on the instant religious site from the high-sea market, etc.

C. On October 10, 2013, the Goyang-si issued a public letter stating that the instant construction act is subject to the imposition of a preservation charge for a development restriction zone (hereinafter “development restriction zone”) pursuant to Article 21 of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Development Restriction Zones Act”). Thus, the Goyang-si sent a public letter stating that the instant construction act is subject to the imposition of a preservation charge for the development restriction zone (hereinafter “development restriction zone”).

On November 5, 2013, the Youngyang-si head sent to the Plaintiff a letter stating that the instant building act should be permitted within a development restriction zone pursuant to Article 12 of the Development Restriction Zone Act.

E. On November 8, 2013, Yangyang-si sent an official document stating the modification of the initial reply (hereinafter “the second reply”) to the head of Gyeyang-gu, Yangyang-gu, which did not impose a development-restricted area preservation charge, by reducing the floor area of the building from 51.73 square meters to 27 square meters, with respect to the instant construction act.

(f) Yangyang City Mayor on June 19, 2014.

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