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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. On December 30, 2010, the Plaintiff obtained a construction permit (hereinafter “instant building permit”) from the Defendant to newly construct accommodation facilities, etc. with a total floor area of 137,481 square meters on the land outside Daejeon Seo-gu B, Daejeon, and 13,000 square meters on the ground.
B. On April 15, 2013, the Defendant notified the Plaintiff of the fact that the Plaintiff did not commence construction works within one year from the date on which the Plaintiff received the construction permit, and that the Plaintiff notified the Plaintiff of the instant disposition of the revocation of the instant construction permit by no later than May 14, 2013. The Defendant held a hearing on December 17, 2013.
C. On December 17, 2013, the Plaintiff presented his/her opinion to the Defendant that a request for the postponement of construction permit revocation was made, and on December 18, 2013, the Hong Kong Asset Management Company submitted to Korea a written contract for the extension of construction permit revocation, a written contract with HMF investment securities, a written contract with HMF investment securities, a financial arrangement with HMF investment securities, and a business agreement with HMF Construction.
Accordingly, on December 31, 2013, the Defendant extended the commencement period of construction according to the instant building permit by June 30, 2014.
However, the Plaintiff did not commence construction until June 30, 2014. On October 7, 2014, the Defendant notified the revocation of the instant building permit on the ground that the Plaintiff did not commence construction within one year from the date on which the Plaintiff was granted the building permit.
E. After holding a hearing with the Plaintiff on January 13, 2015, the Defendant issued a disposition to revoke the instant building permit pursuant to Article 11(7) of the Building Act (hereinafter “instant disposition”). On January 14, 2015, the Plaintiff rendered a disposition to revoke the instant building permit (hereinafter “instant disposition”).
F. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Daejeon Metropolitan City Administrative Appeals Commission, but the said claim was dismissed on May 29, 2015.
G. The Plaintiff did not commence construction work from the construction permit of this case to the date of closing of argument in this case.