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(영문) 부산고등법원 2015.05.15 2015누80
건축신고취소처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff shall bear the total costs of the lawsuit after filing the appeal.

purport, purport, and.

Reasons

1. Details of the instant disposition

A. On October 4, 2007, the Plaintiff (hereinafter “instant land”) filed a building report with the Defendant on November 20, 207, in order to newly construct a detached house of the size of one story above the building area of 124.85 square meters and the total floor area of 111.31 square meters (hereinafter “instant house”), and the Defendant accepted the said report on November 20, 2007.

B. After that, on November 22, 2007, the Plaintiff filed a commencement report with the Defendant on November 22, 2007 (the scheduled date of commencement of construction works November 26, 2007).

C. However, on January 20, 201, the Defendant revoked the said building report on the ground that the Plaintiff did not commence the construction within one year from the date of the said building report.

(hereinafter “instant disposition”). 【The ground for recognition】 The fact that there is no dispute, Gap’s Nos. 1, 2, and 5, and Eul’s Nos. 1, 2, and 9, and the purport of the entire pleadings

2. Determination on the defense prior to the merits

A. Article 14(3) of the former Building Act (amended by Act No. 10599, Apr. 14, 2011; hereinafter the same) provides that “If a person who filed a construction report fails to commence construction works within one year from the date the construction report was filed, the report becomes invalid as a matter of course pursuant to the said provision, and the instant disposition is merely a notification of the invalidation of the said construction report, and thus does not constitute a “disposition” subject to appeal, and thus, the instant lawsuit is unlawful.

B. The issue of whether a certain act of an administrative agency 1 is subject to appeal cannot be determined abstractly and generally, and an administrative disposition is an enforcement of law with respect to specific facts conducted by an administrative agency as a public authority, which directly affects the rights and obligations of the people. In mind, the content and purport of the relevant Act and subordinate statutes, the subject, content, form, and procedure of the act, and the act and the other party and other interested persons are admitted.

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