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(영문) 의정부지방법원 2018.08.21 2018구합12805
가설건축물존치기간 연장신고 반려처분 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

The Plaintiff, a company operating a housing construction business, owns six parcels, such as C, etc. (hereinafter collectively referred to as the “instant land”), and around February 2007, the Plaintiff filed a report on the construction of a temporary building with the purport of constructing a temporary building of 2,637.72 square meters on the ground of the instant land, as a model house for selling apartment units, with the mayor of Namyang-ju, Namyang-si, which is a 2,637.72 square meters of the instant land (hereinafter referred to as the “instant temporary building”). On February 6, 2007, the Nam-ju

After designating the instant land zone as D (hereinafter “instant zone”), the urban environment rearrangement acceleration plan for the instant zone was determined and publicly announced around around 201, and the E urban environment rearrangement project association is proceeding as a project implementer.

On December 14, 2016, while the Plaintiff continued to extend the retention period of a temporary building, the Plaintiff reported the extension of the retention period of the temporary building to the Mayor of Namyang-ju on December 14, 2016, and the remaining Yangyang-ju market accepted the retention period on February 3, 2017 by December 31, 2017.

On November 30, 2017, the Defendant sent a letter to the Plaintiff stating that “The retention period of the instant temporary building is expected to expire, and if it is intended to extend the retention period, it shall submit an application for extension of the retention period of the temporary building no later than seven days before the retention period expires, and the Plaintiff submitted an application for extension of the retention period of the temporary building to the Defendant on December 26, 2017.

However, on December 29, 2017, the Defendant rendered a non-acceptance disposition of the instant temporary building retention period extension report (hereinafter “instant disposition”) to the Plaintiff on the grounds of non-acceptance as follows.

[Grounds for Non-acceptance]

A. The filing date was included in the instant zone, and the authorization of the management and disposal plan was publicly notified on November 30, 2017 in accordance with Article 48 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

(b) to consider the project implementer’s opinion pursuant to Article 13-4(2) of the Enforcement Decree of the same Act.

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