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(영문) 서울행정법원 2017.11.16 2017구합57523
사업계획 승인신청 반려처분 취소의 소
Text

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 June 30, 2015, the Plaintiff acquired the ownership of the building on the 19th floor (hereinafter “instant building”) above eight parcels, including 59-5 large 3,442.30 square meters and 8 lots (hereinafter “instant land”). On the same day, the Plaintiff completed the registration of ownership transfer on the instant land and building to the Nonghyup Bank Co., Ltd. based on trust.

B. On August 23, 2005, an ample-, ample-, Inc. (hereinafter “ample-, ampur-,” hereinafter) concluded a lease contract with respect to the 10 to 18th floor of the instant building between the National Bank of Korea and the former owner of the instant building and completed the registration of the establishment of the right of lease between the ample-, ample-, and the tourist hotel business commencement date of the ample-, ample-, and the subsequent expiration date is April 202

The status of the lessor of the above lease contract was succeeded in sequence to the following owners, including the Plaintiff, and at the present 10-18th floor of the instant building, ample ample ample ample Round operates the name of the off-, ample laps hotel.

C. On November 6, 2016, an ampampur sent to the Defendant an official letter stating that “In the future, the Party is planning to operate an ample-, ample-, ample-, and a new hotel based on the current lease right between ten years and the tourism plan approved by the Defendant. In such a situation, even if the Plaintiff files an application for approval of the tourism plan to the effect that the instant building will be destroyed and operate a new hotel, the Defendant would not approve such a business plan.”

On December 14, 2016, the Plaintiff filed an application with the Defendant for approval of the tourism business plan (hereinafter “instant business plan”) with the purport that the Plaintiff will remove the instant building and construct a tourist hotel in the size of 7 stories underground, 23 stories above ground, and 455 rooms above the total area of the instant land from December 2020 to December 4, 2020.

E. On December 20, 2016, the Defendant is the trustee upon the registration of real estate trust.

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