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(영문) 울산지방법원 2012.09.26 2011구합1713
건축신고취소처분취소
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 4, 2007, the Plaintiff filed a building report with the Defendant on November 20, 2007 in order to newly construct a single-story house with a building area of 124.85 square meters and a total floor area of 111.31 square meters (hereinafter “instant house”) with the Defendant as a site for Yangsan-dong 2094-1 Forest land (hereinafter “instant land”). On November 20, 2007, the Defendant accepted the building report on November 20, 2007.

B. On November 23, 2007, the Plaintiff filed a commencement report to the Defendant on November 23, 2007 (the scheduled commencement date November 26, 2007) pursuant to the above construction report.

C. On January 20, 2011, the Defendant revoked the said building report on the ground that the Plaintiff did not commence the construction work within one year from the date of the said building report, and that the said building report does not have the effect pursuant to Article 14(3) of the Building Act.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings

2. Judgment on the main defense of this case

A. The defendant defenses by the defendant, in light of the provision of Article 14 (3) of the Building Act that "if a person who reported does not commence construction works within one year from the date of the report, the report shall become invalid," the lawsuit of this case shall be asserted to be unlawful because there is no "disposition" which is the object of the appeal litigation.

B. Legal principles and determination 1) The issue of whether a certain act of an administrative agency can be the subject of an appeal cannot be determined abstractly and generally. In specific cases, an administrative disposition is an enforcement of law with respect to a specific fact by an administrative agency as the subject of public authority, which directly affects the rights and obligations of the people. In mind, the decision should be made individually by taking into account the content and purport of the relevant Act and subordinate statutes, the subject, content, form and procedure of the act, the substantial relation between the act and disadvantage suffered by interested parties such as the other party, and the principle of administration by the rule of law, the attitude of the administrative agency and interested parties related to the pertinent act, etc.

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