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(영문) 대법원 2018.01.25 2015두35116
가설건축물 존치기간 연장신고 반려처분 취소 등
Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the ground of appeal regarding the instant return disposition

A. Article 20(2) of the former Building Act (amended by Act No. 12246, Jan. 14, 2014; hereinafter “Building Act”) provides that a temporary building for the purpose of construction of a temporary building for the purpose prescribed by Presidential Decree shall be reported to the head of a Si, etc., and Article 15(5) of the Enforcement Decree of the former Building Act (amended by Presidential Decree No. 24621, Dec. 18, 2013; hereinafter “Enforcement Decree”) which was enacted upon delegation of the said Act lists a temporary building subject to reporting.

Meanwhile, pursuant to paragraphs (8) and (9) of the Enforcement Decree and Article 13(1) of the former Enforcement Rule of the Building Act (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 40, Nov. 28, 2013; hereinafter “Enforcement Rule”), a person who intends to build a temporary building subject to reporting shall submit a report on construction to the Mayor, etc. along with the “report on construction” with the “disposition plan, floor plan, and written consent to site use” and the Mayor, etc. shall confirm the details thereof and issue a

On the other hand, Article 15(7) of the Enforcement Decree and Article 13(5) and (6) of the Enforcement Rule provide that a person who intends to extend the retention period of a temporary building whose retention period has expired shall submit a report on extension of retention period to the Mayor, etc., and the Mayor, etc. shall issue a report completion certificate after confirming the details of the report. As to the report on extension of retention period, there is no provision regarding documents to be attached to

(2) A temporary building is not a “building” under the Building Act, and thus a building permit or building report is not a “building.”

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