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1. The Intervenor’s appeal is dismissed.
2. The costs of appeal are borne by the Intervenor joining the Defendant.
purport.
Reasons
The reasoning of the judgment of the court of first instance cited this case is that the reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for adding the judgment of the intervenor joining the defendant with respect to this case, and thus, it is accepted in accordance with Article 8(2) of the Administrative Litigation
If a project undertaker, who had already obtained approval of a project plan before the amendment of the Housing Act on June 4, 2013, loses ownership of a site due to auction, etc., the person authorized to approve project plans did not have any provision that revokes approval of a project plan. The new provision was made by the amendment of the Housing Act on June 4, 2013. According to Article 3 of the Addenda to the amended Housing Act, the above provision of the amended provision applies from the first application for approval of a project plan after the enforcement of the amended provision (amended on December 5, 2013) and the above provision of the amended provision applies from the first application for approval of a project plan after the enforcement of the amended provision (amended by December 5, 20
In this case, if the project undertaker of this case is changed from the Intervenor to the Plaintiff upon the Plaintiff’s request, it would result in the cancellation of the approval of the project plan on the ground that the Intervenor lost ownership to the land of this case by auction without any legal basis. Therefore, it is justifiable to make the instant disposition that the Defendant rejected the Plaintiff’s request.
Judgment
Article 16(11) of the former Housing Act (amended by Act No. 11871 of Jun. 4, 2013 and enforced on December 5, 2013; hereinafter “former Housing Act”) provides that where a project operator fails to commence construction within a given period, a person authorized to approve project plans may cancel the approval of the project plan, in addition to where the project operator loses his/her ownership by auction, etc. or is unable to complete construction due to default, etc., the existing project plan.