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(영문) 수원지방법원 2017.11.29 2017구합63086
건축허가취소처분취소
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 April 23, 2014, upon receiving an application for a building permit under the name of the owner of D Village Association, the Defendant permitted the construction of a building for the purpose of warehouse facilities (agricultural warehouse) on the ground, other than the Plaintiff-owned land (hereinafter “instant land”), which is a development restriction zone, pursuant to Article 12 of the former Act on Special Measures for Designation and Management of Development Restriction Zones (Amended by Act No. 13670, Dec. 29, 2015).

(hereinafter referred to as the “instant building permit,” and the said building is referred to as the “instant building”). B.

The Defendant approved the use of the instant building on November 28, 2014 upon receipt of an application for approval for use under the name of the owner of the D Village Association.

Since then, registration of ownership transfer was made in the future of the D Village Association, and the registration of ownership transfer was made in order of the plaintiff.

C. Meanwhile, on March 19, 2015, in the instant building permit, F, an architect affiliated with the designer’s office, was sentenced to one year of imprisonment for the following reasons: (a) on March 19, 2015, in Suwon District Court Decision 2015Kadan207, G, the Plaintiff’s death, and the crime of violation of the Act on Special Measures for Designation and Management of Development Restriction Zones; (b) on the grounds of unfair sentencing, F, who was sentenced to two years of suspended sentence on May 29, 2015. The said appellate judgment became final and conclusive.

The defendant is a person working as an architect assistant at the H architect office.

The defendant is unable to obtain a building permit for the use of a private workplace or factory within a development-restricted area, but with the fact that he/she may obtain a building permit for the use of a common facility for village residents, he/she shall prepare a false document in return for the cost of design from those who intend to construct a warehouse and permit the village common facility, village common facility, agricultural machinery storage, etc.

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