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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. The Plaintiff, from around 1994 to around three parcels (hereinafter “instant land”), newly constructed one fraternity (hereinafter “former fraternity”) on the ground, both B and three parcels (hereinafter “former”) and operated a guidance business. At the end of 2011, the Plaintiff, at around the end of 201, newly constructed a new fraternity (hereinafter “new fraternity”) on the land located far away from the village, to the residents of C village at the end of 201, and with the residents’ consent on the construction of a new fraternity, he/she engaged in a guidance business at two new fraternities and new fraternitys.
B. On November 6, 2014, the Plaintiff filed an application with the Defendant for a construction permit in order to newly build the same plant-related facilities of 3,215.7 square meters in total on the ground of the instant land (hereinafter “instant fraternity”) and the Defendant granted a new construction permit on November 21, 2014 (hereinafter “instant building permit”).
C. The Plaintiff attempted to commence the instant construction work in accordance with the instant construction permit, but when the commencement has been delayed due to conflicts with residents, the Plaintiff filed an application for extension of the commencement with the Defendant. Accordingly, the Defendant granted permission for extension of the commencement from November 20, 2015 to November 20, 2016, which is the initial scheduled date of the instant construction work. The Plaintiff commenced on March 16, 2016.
On July 1, 2016, the Defendant notified the Plaintiff to restore the said site to its original state by July 15, 2016, on the ground that the said site inspection was conducted on the grounds that the said site inspection was conducted on the said road, and the Plaintiff responded to the purport that the said site will be restored to its original state during the period from July 31, 2016 to August 10, 2016, but the Defendant visited the said site on August 11, 2016 and confirmed that the said site was implemented.
E. Since August 24, 2016, the Defendant carried out a field inspection again on August 24, 2016, and as a result, the restoration to the original state has not yet been made, as well as the instant fraternity.