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(영문) 대구지방법원 2017.12.06 2017구합2181
건축허가사항변경 불허가처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On November 2012, the Plaintiff filed an application for disuse pursuant to Article 11 of the Public Property and Commodity Management Act, Article 8 of the Enforcement Decree of the former State Property Act (amended by Act No. 14841, Aug. 9, 2017), and Article 37 of the former Enforcement Decree of the State Property Act (amended by Act No. 14841, Aug. 9, 2017), with respect to the Defendant of the construction of a warehouse in Daegu-gun District B B, Daegu-gun, in order to construct a warehouse, the Plaintiff submitted a project plan stating that the relevant facilities and the location of 97 square meters will be donated to the Defendant, which is the State-owned land included as the building site.

B. On December 15, 2012, the Defendant directed the Plaintiff as follows.

After reviewing the application for disuse of state property with a thickness, it is difficult to inform that the abolition of use will take place after the completion of the implementation of the project plan as a result of the delivery of a thickness and the transfer of ownership of land when the implementation of the plan is completed.

C. On June 22, 2012, the Plaintiff filed an application with the Defendant for a building permit stating that he/she will build a warehouse of 802.9 square meters in the total floor area of 15 square meters in Daegu and Daegu, and simultaneously, filed an application with the Defendant for a building permit that he/she would install a ditch facility and contribute it on the said land.

On December 18, 2012, the Defendant, upon consultation with the relevant department, issued a building permit with the following contents (hereinafter “instant building permit”), and added the said permit to the Plaintiff on the condition that the ditch facilities are installed and the donation thereof are donated to the Plaintiff.

5,166.9 1st floor, the main structure of which is non-structure B and 15 lots, other than B, the main structure of which is 5,166.9 1st floor (2 Dong) and the permission to occupy and use a private sewage treatment facility, the permitted area of 6,140 square meters, shall be 6,057 square meters.

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