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(영문) 대구지방법원 2015.12.22 2015구합1368
건축불허가처분취소
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 February 12, 2013 and the 18th of the same month, the Plaintiff filed an application for each construction permit with the Defendant, including permission for development activities, to newly build Class II neighborhood living facilities on the ground of 10,10 square meters, three preceding 2,575 square meters, and three thousand five hundred and twenty-six square meters, which are the following two stories:

(hereinafter referred to as the “former Application”). On February 12, 2013, B, C, D 1830.8. 350 of the roof of a main structure of a building site with a lot number on the application date, general steel-frame structure, and other roof (Indeption plate) 2,169.13, 350 494.2.2, 2,449.85 350 350 494.2, 2,062.71 350 494.2.494.2, 2,062.494.2, general steel-frame structure and other roof (Indeption panel) with a structure of steel-frame structure and other roof (Indeption panel) with a structure of general steel-frame structure on 18.41, 2013, 3541, 3540, 494.2, 253294 other general steel-frame structure and 245.3 294.4

B. On February 12, 2013 and the 19th day of the same month, the Defendant notified the Plaintiff of the denial of permission on the ground that “Until the establishment of the new urban management plan for the prevention of reckless development of E, sustainable urban development and smooth plan,” the Defendant notified the Plaintiff of the denial of permission.

(hereinafter “former Disposition”) C.

Accordingly, the Plaintiff filed a lawsuit seeking revocation of each non-permission disposition against the Defendant, and received a favorable judgment in the first instance court (Seoul High Court 2013Guhap10177) on July 12, 2013. In the appellate court (Seoul High Court 2013Nu10206), the following mediation recommendation was accepted by both the original and the Defendant, and the mediation recommendation was finalized around that time, and the Defendant revoked all non-permission dispositions, and the Plaintiff voluntarily withdrawn the lawsuit.

Recommendations for Mediation

1. The Defendant’s provisional disposition of denial of construction against the Plaintiff on February 12, 2013 and February 19, 2013 is revoked.

2. If the defendant revokes the disposition as described in paragraph (1), the plaintiff immediately withdraws the lawsuit of this case, and the defendant shall do so.

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