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(영문) 청주지방법원 2014.04.24 2013구합10637
건축허가취소처분취소
Text

1. The Defendant’s disposition to revoke the construction permit (report) on March 29, 2013 against the Plaintiff, and the permission to change development activities on September 27, 2013.

Reasons

1. Details of the disposition;

A. On August 19, 201, the Plaintiff obtained a building permit (hereinafter “instant building permit”) with respect to the construction of Class II neighborhood living facilities (manufacturing Facilities) on the ground (hereinafter “instant land”) from the Defendant, Jincheon-gun, Jincheon-gun, 909 square meters (hereinafter “instant land”). Pursuant to the Building Act-related provisions, the Plaintiff was deemed to have obtained a building permit (the date of completion of construction).

B. On October 12, 2012, the Plaintiff prepared a construction report on October 12, 2012, when the construction was not commenced, but received a notice of revocation of the construction permit (report) as follows from the Defendant around February 2013.

1. With respect to a building for which a building permit (report) has been granted by the defendant with a thickness, the construction work has not been commenced even after one year has passed since the building permit was granted under Article 11(7) of the Building Act, or the construction work, such as site creation, was commenced, but it is deemed impossible to complete construction work for a long time, and the building permit is revoked due to the suspension of construction work for such a period, the building permit shall be revoked, if there is an objection to the cancellation of the building permit, or if there is an objection to the cancellation of the building permit, the main time shall be met in response to the hearing until March

2. If the hearing is not followed, it is known that the building permit (report) will be cancelled as if the hearing was not followed by the due date.

- - Future -

C. On March 29, 2013, the Defendant issued a disposition to revoke the instant building permit pursuant to Article 11(7) of the former Building Act (amended by Act No. 12246, Jan. 14, 2014; hereinafter “former Building Act”) against the Plaintiff on the ground that the Plaintiff did not commence construction works within one year from the date on which the instant building permit was granted, and that there was no specific building plan or the reason for holding a hearing was insufficient (hereinafter “instant disposition to revoke the building permit”).

After September 12, 2013, the Plaintiff had the date of completion for the new construction of Class II neighborhood living facilities (manufacturing facility) with respect to the instant land to the Defendant.

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