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(영문) 대전고등법원(청주) 2017.12.13 2017누2777
가설건축물축조신고 불수리처분 취소
Text

1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. Total costs of litigation are assessed against the Plaintiffs.

Reasons

1. The court's explanation concerning this part of the grounds for the decision of the court of first instance is the same as the pertinent part of the grounds for the decision of the court of first instance. Thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of

2. Whether the instant disposition is lawful

A. The plaintiffs' assertion and

B. The reasoning for the court’s explanation on this part is the same as that of each corresponding part of the grounds for the judgment of the court of first instance, and thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

C. Determination 1) As to the Plaintiffs’ assertion that the Defendant’s establishment of Article 58 of the National Land Planning and Utilization Act, etc. as the basis for each of the dispositions of this case was unlawful, this case’s provision was examined, and the Building Act (amended by Act No. 14792, Apr. 18, 2017) was unlawful.

In full view of the following circumstances, it is reasonable to deem that the report on the construction of a temporary building is accepted, such as permission for development activities, and that the relevant authorization or permission is deemed granted.

Therefore, in determining whether to accept a report on the construction of a temporary building, administrative agencies should examine whether it conforms to the criteria for permission for development activities under Article 58 of the National Land Planning and Utilization Act, and the rejection of the report on the construction of a temporary building by reasons that it fails to meet the criteria for

We do not accept this part of the plaintiffs' assertion against this.

(1) Construction of a building shall be subject to permission for development pursuant to Article 51 (1) 1 of the Enforcement Decree of the National Land Planning and Utilization Act. Since construction of a temporary building is included in construction of a building in concept, permission for development may be obtained.

(2) Article 11(5) of the Building Act that is deemed to have obtained a building permit, such as permission for development activities, applies mutatis mutandis to a building report pursuant to Article 14(2) of the Building Act, and thus, a person who has received a building report.

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