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(영문) 수원지방법원 2017.12.05 2017구합61820
건축허가취소처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Details of the disposition;

A. On October 25, 2013, C applied for a new building permit for storage facilities (hereinafter “instant building”) on the ground of the land owned by the owner of building as “D Village Association” and one parcel (hereinafter “instant land”). On November 5, 2013, the Defendant permitted the new construction of a building on the said application.

B. Upon completion of the instant building, the Defendant approved the use of the instant building on January 27, 2014 upon receiving an application for approval for use under the name of D Village Association from the owner.

C. On February 13, 2014, the registration of ownership preservation of the instant building was completed under the name of D Village Association, and the registration of ownership transfer was completed on the same day B. The Plaintiff purchased the instant building from B on November 5, 2015 in the purchase price of KRW 2.35 billion, and completed the registration of ownership transfer in the name of the Plaintiff on February 4, 2016.

C was prosecuted for committing the crime of obstruction of the performance of official duties by deceptive means as set forth in the following subparagraphs and the crime of violation of the Act on Special Measures for Designation and Management of Areas of Restricted Development as well as the judgment of one year of imprisonment from the above court on the grounds of unfair sentencing. On May 29, 2015, the appellate court (U.S. District Court 2015No1806) sentenced C to one year of imprisonment to be sentenced to two years of suspended sentence, and the above appellate court judgment became final and conclusive as it is.

C is a person working as an architect assistant at the G architect office.

C It is possible to obtain a building permit for the use of a private workplace or factory within a development restriction zone, but it is possible to obtain a building permit for the use of a common facility for village residents.

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