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(영문) 광주지방법원 2015.02.05 2014구합1291
건축물사용승인 반려처분취소 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 17, 2013, the Plaintiff, including the Plaintiff’s building report, filed a construction report (hereinafter referred to as “instant building report”) with the Defendant, on the instant building site, including permission for development of complex civil petitions in the form of complex civil petitions, on the building area of 174.9 square meters above the ground and the total floor area of 168.57 square meters above the ground level of 168.57 square meters above the instant building (hereinafter referred to as “instant building”).

On the other hand, the Plaintiff submitted a separate application for permission for development activities (No. 2-1-28) with a business plan, etc. around November 2013, with respect to development activities for changing the form and quality of the building site in the instant building site deemed by the instant building report.

B. On January 9, 2014, the Defendant, including the receipt of the instant building report by the Defendant, accepted the instant report against the Plaintiff, and attached a document of acceptance of the report, accompanied by the following documents as a result of consultation on development activities.

Matters requiring consultation on development activities as a result of consultation on development activities

A. Applicant: The plaintiff;

(b) An area for preservation and management of at least 1,499 1,000 1,000 of a road on a site for a zone of specific-use area where the current status of land subject to application is located;

(c) Purpose of development activities: Creation of a new site for a single house;

(d) A building-scale construction (annual building area): 179.67 square meters (168.57 square meters): 17.41% volume ratio: 16.86%;

E. Period of permission: If the following matters are violated from the date of consultation to November 30, 2015, the following matters shall be subject to measures, such as reinstatement, cancellation of permission, and accusation, pursuant to Articles 57 (Procedures for Permission for Development Acts) and 13 (Penalty Provisions) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), 13 (Disposition against Violators of Acts, etc.), and 140 (Penalty Provisions):

3. To verify clear boundaries before implementation of the project and submit them at the time of application for permission;

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