가설건축물 축조신고 불가처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On May 26, 2014, the Plaintiff filed a report on the construction of a temporary building (hereinafter “instant report”) for the purpose of temporary accommodation and temporary storage on the ground of 1,134 square meters (hereinafter “instant land”) in Seongbuk-gu, Seongbuk-gu (hereinafter “instant building”) (hereinafter “instant building”).
B. On May 29, 2014, the Defendant rendered provisional disposition against the Plaintiff on the ground that the instant building does not constitute a temporary building under Article 20 of the Building Act and Article 15 of the Enforcement Decree of the same Act in light of its size, facility form, purpose of use, etc. (hereinafter “instant disposition”).
C. The Plaintiff appealed and filed an administrative appeal, but the Gyeonggi-do Administrative Appeals Commission dismissed it on September 5, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1, 9 evidence, Eul evidence 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff attempted to construct a farming house on the instant land for the purpose of the initial return to farming. However, the Defendant’s lack of infrastructure, such as electricity, water, sewage, and wastewater, on the said land, and the need to contact with the road under Article 44
The instant disposition that refused to construct a temporary accommodation, etc., which is a temporary building not subject to the provisions of the Building Act, after having answer that it is impossible to obtain a building permit due to its lack of construction, is unlawful.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. Article 20(3) of the Building Act provides that a person who intends to build a temporary building for the purposes prescribed by Presidential Decree, such as disaster recovery, entertainment, exhibition, construction work, etc. shall commence construction work after reporting to the head of a Si/Gun/Gu in accordance with the retention period, installation standards, and procedures prescribed by Presidential Decree. Article 15(5)8 of the Enforcement Decree