(영문) 인천지방법원 2020.12.10 2019구합57064

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(영문) 인천지방법원 2020.12.10 2019구합57064

업무정지처분취소

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. From October 1, 2011, the Plaintiff is a certified architect who belongs to C architect office in the sixth floor of the building in Nam-gu Incheon Metropolitan City, Nam-gu.

B. The Plaintiff is a designer and project supervisor of the building area of 1,124.73 square meters, total floor area of 11,889.215 square meters, 2 underground floors, and 13 floors above ground and neighborhood living facilities (hereinafter “instant building”) to be newly constructed in Seo-gu Incheon Metropolitan City, and applied for a building permit to construct the instant building on or around February 2018 on behalf of the project owner, and obtained the building permit from the head of Seo-gu Incheon Metropolitan City (hereinafter “head of Seo-gu”) on April 4, 2018.

C. On May 2019, the Plaintiff applied for approval for use on behalf of the head of the Seo-gu Office on behalf of the owner of the instant building on behalf of the head of the building on behalf of the head of the building, without finding that the actual form of the building site was different from the cadastral map, and (2) reported that construction was completed on the ground that a part of the instant building was modified differently from the permitted matters due to the partial modification of the floor area of each floor of the instant building, the Plaintiff filed an application for approval for use on May 16, 2019 with the head of the Gu on behalf of the owner of the instant building on behalf of the head of the building on the beginning of May 2019, and obtained approval for use again on May 29, 2019, and obtained approval for use on June 20, 2019.

(The building area of the instant building was changed to 1,088.48 square meters, and the total floor area was changed to 11,835.08 square meters).

On November 7, 2019, the defendant was constructed by changing a part of the building of this case differently from the permitted matters in the course of design and construction supervision of the building of this case, following procedures such as a person notified by the head of the Gu of such detection, a prior notice of disposition, and a resolution of the Certified Architects Disciplinary Committee.

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