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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 July 7, 2015, the Defendant: (a) determined the retention period to the Plaintiff as of June 11, 2018; (b) permitted construction of a temporary building [the Class 2 neighborhood living facilities (office), total floor area of 119.18 square meters, general steel structure of 19.18 square meters; hereinafter “instant temporary building”) on the ground [the instant land]; and (c) the construction of a temporary building [the instant temporary building] on the ground (the Class 2 neighborhood living facilities (office), total area of 119.18 square meters; hereinafter “instant temporary building”). The retention period of a temporary building under the conditions for temporary building building permit: Until June 11, 2018, the Defendant is unable to modify the purpose and structure or to interfere with the urban landscape without a prior approval of the permitting
- Without the expiration of the duration or within the duration of the licence, a non-voluntary removal shall be made, and no objection shall be raised against any claim for compensation or any objection against it.
- When intending to postpone the retention period, obtain approval by filing an application for postponement 14 days before the expiration of the prescribed period.
In relation to urban planning facilities (children's parks), the facilities falling under temporary buildings (offices, storage facilities, etc. among Class II neighborhood living facilities) are subject to permission to occupy and use under Article 24 of the Urban Parks, Greenbelts, etc. Act and Article 22 of the Enforcement Decree of the same Act.
B. At the time of the above construction permission, the Defendant issued to the Plaintiff the “Terms and Conditions for Building Construction of Temporary Building” stating the following:
The ground for non-permission - The relevant temporary building is permitted to be a temporary building for the purpose of office among Class II neighborhood living facilities, and is used only for the purpose permitted pursuant to Article 24 of the Act on Urban Parks, Greenbelts, Etc., but it is illegal to be used for a new manufacturing factory for the purpose other than the current purpose of permission - The relevant site is classified according to the Act on the Establishment, Management, etc. of Spatial Data, and the purpose of use (office) applied for is