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(영문) 광주지방법원 2015.03.26 2014구합1734

건축불허가처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On August 22, 2014, the Plaintiff filed an application for a building permit with the purport that the Plaintiff would newly construct a detached house (hereinafter “instant house”) with the total floor area of 114 square meters per floor above the instant land pursuant to Article 11(1) of the Building Act (hereinafter “instant building permit application”) on the instant land, as the owner of the Nam-gu, Nam-gu, Gwangju and 158 square meters in total, and 265 square meters in total (hereinafter “instant land”).

B. On August 22, 2014, the Defendant demanded that the Plaintiff supplement the application for a building permit by August 22, 2014, the Defendant demanded that “the entry of the items of the designer for the building permit, the seals of the designer for the building permit, the inspection and the seal of the investigating architect on the building permit and the protocol, the submission of documents attesting the ownership or right to use the site, the revision of the boundary line of the neighboring site and the right to sunshine direction, and the submission of documents related to the building permit consultation,” and demanded that the Plaintiff supplement the application by August 29, 2014.

C. On August 28, 2014, the Defendant’s second supplement request: (a) the Plaintiff submitted by the Plaintiff includes “(i) the signature and seal of the architect is omitted in the building permit book (related to Article 23(1) and (3) of the Building Act; (b) the construction permit investigation and inspection report by the architect is not prepared (Article 27(2) of the Building Act; Article 21(1) of the Enforcement Rule of the Building Act; (c) Article 23(3) of the Building Ordinance of Gwangju Metropolitan City; (d) the following documents are insufficient to be submitted at the time of the application for the building permit; and (c) land other than the ownership is included in the arrangement (Article 11(3) of the Building Act; Article 9(1) of the Enforcement Decree of the same Act; Article 6(1) of the Enforcement Rule of the same Act; and (1) of the Enforcement Decree of the Building Act; and (d) the direction in which the building distance is not observed under Article 6(1) of the Building Act.