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(영문) 대전지방법원 2017.12.13 2017구합103664
건축신고 취소처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On February 17, 2016, the Plaintiff (hereinafter “instant report”) filed an application for permission for development of the instant land, a report on permission for and reporting on conversion of mountainous district and reporting on installation of private sewage treatment facilities, with the Defendant, on the ground of 1351-1 forest land and 11,145 square meters (hereinafter “instant land”). On February 17, 2016, the Plaintiff (hereinafter “instant project”) filed a building report, including the application for permission for development of the instant land, the permission for and reporting on conversion of mountainous district, and the report on installation of private sewage treatment facilities, with respect to the instant land.

The Defendant accepted the instant report on July 12, 2016, and the Plaintiff reported the commencement of construction on November 7, 2016 and commenced construction work.

At the time of the instant report, permission for development and permission for mountainous district conversion were deemed deemed granted pursuant to Articles 14(2) and 11(5) of the former Building Act (Amended by Act No. 14535, Jan. 17, 2017; hereinafter the same).

1. On the building site of a building for the purpose of detached houses in this case after obtaining a building report in accordance with Article 14 of the Building Act, development activities under Article 14 of the Mountainous Districts Management Act and permission for change of a mountainous district under Article 56 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) are not obtained, but without obtaining permission for change of a mountainous district under Article 14 of the Mountainous Districts Management Act and permission for change of a mountainous district under Article 56 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”)

2. As a result of holding a hearing under the Administrative Procedures Act, the following matters have been revoked in accordance with Articles 11(7) and 14 of the Building Act, the building report shall be revoked and notified in accordance with Articles 11(7) and 14 of the Building Act.

On March 30, 2017, the Defendant rendered a disposition to revoke a building report against the Plaintiff on the following grounds:

(hereinafter “Disposition of this case”). (In the absence of dispute, Gap’s evidence Nos. 1, Eul’s evidence Nos. 5 and 8, and the purport of the entire pleading of this case is legitimate, the disposition of this case is as follows.

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