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(영문) 청주지방법원 2019.10.24 2019구합6463

건축물위반 건축물 시정명령 취소

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1. The Defendant’s order to correct the violation of the Building Act against the Plaintiff on March 22, 2019 is an animal-related facility(s) from among the orders to correct the violation of the Building Act.

Reasons

1. Details of the disposition;

A. On August 1, 1998, the Plaintiff: (a) from B on August 1, 1998, the building located on the land (i) the livestock shed 2 Dong, 484.75 square meters, and 481.86 square meters (hereinafter collectively referred to as “the livestock shed in this case”).

(2) In the aggregate of 356.4m2 (hereinafter collectively referred to as “the adjacent stable of the instant case”), the pipe block structure, 407.7m2, and the pipe structure block structure, string, and 356.4m2 (hereinafter referred to as “the pipe of the instant case”).

(i) purchased the product;

B. The Plaintiff completed the registration of ownership transfer on September 15, 1998 with respect to the land of this case and the adjacent stable of this case on the ground of a sales contract dated August 1, 1998.

C. In around 2014, the Plaintiff installed, on the instant land, the boiler room 13.77 square meters per 13.77 square meters (hereinafter “instant boiler room”), and installed the instant boiler room and one unit of the boiler room (hereinafter “instant building”).

At the time of the instant building at the time of the on-site investigation on March 6, 2019, the Defendant confirmed that, in addition to the instant building, an animal-related facility (manager) installed on the ground of the instant land was illegally extended to 10.64 square meters of cement brick structure and animal-related facility (manager).

However, in this case, these two buildings are not subject to dispute, and they are omitted in facts.

In violation of Articles 11 and 14 of the Building Act, it was confirmed that the building has been extended without permission.

E. On March 8, 2019, the Defendant issued a prior notice of a corrective order ordering the Plaintiff to reinstate the instant building on the ground that it violated Articles 11 and 14 of the Building Act. On March 22, 2019, the Defendant issued a corrective order ordering the Plaintiff to reinstate the instant building pursuant to Article 79 of the Building Act (hereinafter “instant disposition”).

The Act on the Violation of the Act on the Violation of the Details of Violation A 1 of the Act on the Structure of Acts by the owner's floor, and the Act on the Violation of the Act on the Building for the illegal extension of the pipe 484.75 without permission.