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(영문) 수원지방법원 2019.01.23 2018구합67740
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 April 24, 2009, C obtained a building permit (the instant building permit number B; hereinafter “instant building permit”) from the Defendant to construct apartment units (urban-type residential housing) and neighborhood living facilities on the land (hereinafter “instant land”). On August 2, 2010, C completed the construction report to the effect that the building owner changed the instant building permit from C to the Plaintiff on August 2, 2010.

B. On November 26, 2010, the Plaintiff submitted an application for extension of construction period to the Defendant (by April 23, 201) and submitted the application to the Defendant on May 22, 2012, and accepted the application.

C. The Defendant filed a civil petition requesting the revocation of the instant building permit on the ground that the Plaintiff did not commence new construction of the instant land in accordance with the instant building permit. Around September 2017, the Defendant notified the Plaintiff of the revocation of the building permit. On November 30, 2017, “the Plaintiff shall commence construction within two years from the date of permission by extending the period of commencement of construction pursuant to Article 11(7) of the Building Act. However, Article 11(7) of the former Building Act (amended by Act No. 1246, Jan. 14, 2014) which was enforced at the time when the instant building permit was granted, provided that the permitting authority did not commence construction within one year from the date when the building permit was granted (Article 11(1)1); provided that the period of construction may be extended within one year from the date when the construction permit was granted but it is deemed impossible to complete construction within one year from the date when the construction permit was granted (Article 11(2)1)1)1.

After reporting the commencement of construction works, construction works have not been commenced, and land ownership has been changed.

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