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1. On February 12, 2018, the Defendant’s disposition of accepting reports on the commencement of construction shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. On August 30, 2016, the Plaintiff obtained a construction permit from the Defendant to newly construct a warehouse, business affairs, sports facilities, and neighborhood living facilities (hereinafter “instant building”) with the total floor area of 19,607.44 square meters above the ground level of 19,70 square meters on the ground level of 90 square meters and 8,170.6 square meters above the ground level, Yeongdeungpo-gu, Seoul Metropolitan Government.
- The new construction site of the building in this case is a kh-school respect (children protection zone), and safety measures should be taken for traffic safety following entry of large cargo vehicles into and exit from the vehicle for delivery of goods at the time of new construction of the building.
- Establishment of a plan to resolve traffic problems caused by the increase of vehicles due to the construction of warehouse facilities and complex buildings on a road 8 meters in front, and a plan to resolve civil petitions filed by residents adjacent to a new site (such as the current third apartment and the primary apartment) (request for revocation, etc. of permission);
(b).
On January 15, 2018, the Plaintiff filed a commencement report of the construction of the building (hereinafter “instant commencement report”) with the Defendant pursuant to the said construction permit. However, on February 12, 2018, the Defendant demanded the Plaintiff to supplement the following matters, and issued a disposition to return the instant commencement report on the ground that the Plaintiff failed to meet the pertinent requirements for supplementation (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap 1, 3, 4, 6, and 7's statements, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s report of commencement of construction is a report that does not require repair, and the administrative agency cannot refuse to accept the report on commencement of construction on the ground of substantive reasons, so long as the form of the report on commencement of construction does not require repair. Thus, the disposition of this case which rejected the report on commencement of construction of this case on the ground that there is a civil
(b) Entry in the attached Form of relevant Acts and subordinate statutes;
(c) Article 21(1) of the Building Act and Article 14 of the Enforcement Rule of the same Act shall apply to a building for which a building permit has been granted.