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(영문) 청주지방법원 2015.10.15 2015구합11290
주택건설사업계획 변경승인처분 취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff obtained approval of the project plan from the Defendant for the housing construction project (hereinafter “instant project”) with the content that constructed three multi-family housing units (multi-family housing) and a total of 270 households (hereinafter “multi-family housing units”) in the Jincheon-gun B.

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

On November 21, 201, 201, C, the actual operator of the Intervenor joining the Defendant, was awarded the instant project site and apartment in the process of compulsory auction by Cheongju District Court D, and completed the registration of ownership transfer on the instant project site on March 12, 2012.

C. On August 29, 2013, the Defendant filed an application with the Defendant for approval of the change of the instant business plan, but the Defendant demanded that the Defendant submit a final judgment of the court ordering the change of the existing business title holder’s consent or the name of approval of the business, on two occasions on September 3, 2013 and October 4, 2013 of the Enforcement Rule of the Housing Act. On May 2, 2014, the Defendant rejected the said application on the grounds that the Defendant failed to submit the aforementioned documentary evidence.

(hereinafter “instant return disposition”) D.

On the other hand, on June 27, 2013, C filed a lawsuit against the Plaintiff for the implementation of the procedure 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 the Plaintiff and filed an appeal under the Daejeon High Court Cheongju District Court 2013Na1762. The above court filed an application for the change of the approval of the project entity where the project entity 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 entity of the instant project, the application for the change of the project entity may be filed solely by the new project entity.

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