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(영문) 전주지방법원 2014.12.03 2014구합97
건축허가취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On August 17, 2011, the Plaintiff obtained a construction permit from the Defendant for a training facility under the name of “B youth hostel” (hereinafter “instant youth hostel”) on the ground of each land stated in the purport of the claim (hereinafter “each land of this case”).

(hereinafter “instant building permit disposition”).

B. On July 30, 2012, the Defendant issued a scheduled notice of revocation of the construction permit to the Plaintiff on July 30, 2012, as the Plaintiff did not start the construction work for the instant youth hostel more than one year after the instant construction permit was issued, that “a building for which the construction permit was granted shall be revoked if the construction work has not been commenced within one year from the date on which the construction permit was granted. A request for an extension of the construction report or the period of commencement until August 16, 2012, and if not, a construction permit shall be revoked pursuant to Article 11(7)1 of the Building Act.”

C. On August 20, 2012, the Plaintiff applied for the extension of the commencement of the instant youth hostel to the Defendant on the ground of the economic difficulties of the head office.

On September 12, 2012, the Defendant notified the Plaintiff that “the scheduled commencement date shall be postponed on August 15, 2013, but if the construction is not commenced within the said period, the instant construction permit disposition will be revoked.” On June 26, 2013, the Defendant again notified the Plaintiff of the same content.

E. On August 12, 2013, the Plaintiff, along with the grounds that “I wish to establish a utilization plan in line with the purpose of the construction of the youth hostel and reflect the hot spring discovered during the construction work in the design,” on the part of the Defendant, for the following reasons: “I would like to start up and reflect the utilization plan in the design in line with the purpose of the construction of the youth hostel.”

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