건축신고수리불가처분취소
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 February 23, 2018, the Plaintiff filed a building report with the Defendant pursuant to Article 14 of the Building Act to newly construct one unit of detached house with a building area of 68.7 square meters on the ground of 344 square meters (hereinafter “instant application site”) on the ground of the 344 square meters (hereinafter “instant application site”).
(hereinafter “instant building report”). B.
On May 9, 2018, the Defendant notified the Plaintiff that the instant building report would not be accepted for the following reasons, including that no road is installed for the advancement and access of the instant application site.
(hereinafter “instant disposition”). With respect to the case of a building report for detached houses under ear B, for which the building report is not accepted, the review of the relevant laws and regulations and the consultation with the relevant departments pursuant to Article 12(1) of the Building Act is widely understood as being inappropriate for the following reasons, and thus, the main time is to understand that the receipt of the building report is impossible.
Article 56 (1) 1 of the National Land Planning and Utilization Act provides that construction of buildings shall be subject to development activities, Article 58 (3) of the same Act, and subparagraph 2 (a) of attached Table 1-2 of attached Table 1-2 of the Enforcement Decree of the same Act shall not be permitted to an area in which roads, waterworks, and sewerage are not installed, and Article 21 (1) of the Ulsan Urban Planning Ordinance provides that when constructing buildings in an area where roads, etc. are not installed, an applicant shall be permitted to change the form and quality of land in the application area (as for waterworks, water-supply system can be developed, sewage system can be installed, sewage system can be installed, and roads can be installed, if it conforms to Article 44 of the Building Act).
An area subject to a building report on a detached house is an area where such infrastructure is not installed, and in particular, a forest road for access to a detached house is referred to in subparagraph 1 (e) of Article 2 of the Management of Mountainous Districts Act.