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(영문) 대전고등법원 2019.06.20 2018누11638
대지조성 사업계획 승인 철회신청 거부처분 취소
Text

1. The plaintiff's appeal is dismissed.

2. On September 6, 2018, upon the Plaintiff’s request added by this court, the Defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff is the owner of 47724/47913 shares, C forest land 14,693 square meters, D forest land 19,041 square meters (hereinafter referred to as the “instant real estate”) among 47,913 square meters of B forest land in Dong-gu, Chungcheongnam-gu, Dong-gu, Incheon-gu, Incheon-do. The Plaintiff is the owner of the instant real estate when it is collectively named.

B. On July 29, 2016, the Intervenor joining the Defendant (hereinafter “ Intervenor”) obtained approval from the Defendant for a housing site development project plan regarding the project to create a site for the construction of a 12-household detached house on each of the above lands, along with the Plaintiff’s written consent to land use with respect to B and C (hereinafter “instant project”).

(hereinafter referred to as “instant approval”). C.

1) On September 13, 2017, the Plaintiff filed an application with the Defendant for the revocation of the instant approval on the ground that “The Plaintiff entered into a sales contract with F on the instant real estate, and issued F a written consent for land use, and F, with the said written consent, as a project proprietor, was approved by the Defendant. After which, F demanded the Plaintiff to transfer the buyer of the sales contract to G to G, the Plaintiff was the buyer, and the sales contract was re-entered, and G did not pay any balance by the agreed deadline, thereby cancelling the sales contract (hereinafter “instant first application”).

(2) On October 10, 2017, the Defendant sent a reply to the Plaintiff on the ground that “the instant business entity is the Intervenor, and the Plaintiff’s written consent to land use to which the Intervenor is the land user is submitted, and the instant approval was approved, so the instant approval cannot be revoked solely with the documents submitted by the Plaintiff, and that the parties would not resolve civil disputes.”

(hereinafter “instant No. 1 Disposition”) D.

1. On August 29, 2018, the Plaintiff’s consent to land use, which the Plaintiff prepared by F, G, or participant, to the Defendant, has ceased to have its effect on May 31, 2018, which is the period for consent to use, and the Plaintiff no longer effective.

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