건축신고수리거부처분취소
1. On June 2, 2017, the Defendant’s rejection of a building report against the Plaintiff is revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. On April 19, 2017, the Plaintiff filed a building report with the Defendant pursuant to Article 14 of the Building Act to construct a single unit of detached house with a building area of 81.5 square meters on the ground of the 2,278 square meters (hereinafter “instant reported site”) on the ground of the Doldong-gun, Chungcheongnam-do (hereinafter “instant reported site”).
(hereinafter “instant report”). B.
On June 2, 2017, the defendant notified that the acceptance of the report in this case is impossible on the ground that the road (D) prior to the place of the report in this case is a road which is unable to connect with another road on the public register, and that the owner of the road currently being used is obstructing the passage, etc., if the passage is obstructed by the owner of the road.
(hereinafter “instant disposition”) C.
The statutes related to the disposition of this case are as shown in attached Form 1.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 4 (if there are virtual numbers, including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion 1) The Plaintiff’s assertion is that the reported location of the instant case is in contact with Gyeongbuk-gun E-ri (hereinafter “Ei”)
) D Roads (hereinafter “D Roads”) are only referred to as “D roads.”
the report of this case is connected to F, and this is connected to the road at least 2 meters as prescribed in Article 44 of the Building Act, so it is possible to connect to other roads on public account books.
Even if it cannot be deemed that the instant report is directly connected to the road in the public registry book, it does not interfere with the passage from the instant report site to F, and thus, among the exceptional grounds prescribed in the proviso of Article 44(1) of the Building Act, it should be deemed as constituting “the case where there is no obstruction to access to the relevant building.”
Since the passage road currently being used is a road that is provided for the passage of the general public and vehicles since 1997, it is part of the passage road.