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(영문) 부산지방법원 2017.11.23 2016구합24824
가설건축물 존치기간 연장신고서 반려처분취소
Text

1. The Defendant’s report on September 5, 2016 on the extension of the retention period of a temporary building on the ground indicated in the attached Table 1 list, which was filed against the Plaintiff.

Reasons

1. Details of the disposition;

A. On August 26, 192, the head of Busan Metropolitan City and the head of Busan Metropolitan City determined and publicly announced the land listed in the annexed Table 1 as a public notice C of the Busan Metropolitan City on August 26, 1992 (hereinafter “instant land”), and the land listed in each sequence as urban planning facilities (road).

B. On August 1, 200, the Plaintiff obtained a construction permit from the Defendant to construct a temporary building, which is a neighborhood living facility with a total floor area of 494.18 square meters on the ground surface (hereinafter “instant temporary building”). On December 21, 200, the Plaintiff obtained approval for the use of the said temporary building on the ground of the instant land.

On February 6, 2001, the Plaintiff obtained a building permit to extend the total floor area of the instant temporary building into 620.26 square meters from the Defendant, and obtained approval for the use of the said extended part on April 28, 2001.

C. At the time of August 1, 200, the Defendant set the retention period of the instant temporary building until July 31, 2003, and thereafter, the Plaintiff obtained permission for extension of the retention period of the said temporary building from the Defendant.

On June 15, 2016, the Defendant notified the Plaintiff of the fact that the retention period of the instant temporary building expires on July 31, 2016, and notified the Plaintiff of the application for permission to extend the retention period of the said temporary building.

E. On July 21, 2016, the Plaintiff filed an application with the Defendant for a permit for the extension of the retention period of a temporary building (hereinafter “instant application”) to extend the retention period by July 31, 2018. However, on July 28, 2016, the Defendant demanded the Plaintiff to supplement the following matters by August 17, 2016.

1) In relation to the use, etc. of the instant temporary building, a passage (referring to a passage passed through one land and two land and passing through four land; hereinafter referred to as “the passage of this case”) is referred to as “the passage of this case” to prevent similar acts such as interference with passage around the surrounding land.

2) The defendant's temporary building removal is requested according to the obstruction of the maintenance of the passage of this case and the implementation of the urban planning facility project.

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