건축허가처분취소
All appeals are dismissed.
The costs of appeal are assessed against the defendant and the defendant, including the costs of appeal.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to whether a legal interest to seek cancellation of the instant disposition is recognized to the Plaintiffs, even if a third party, other than the other party to the instant administrative disposition, is a violation of the legal interests protected by the relevant administrative disposition, the right to be judged by the legitimacy of the administrative action seeking cancellation of the disposition
The term "legal interests" refers to individual, direct and specific interests protected by the relevant laws and regulations and relevant laws and regulations.
(2) Article 36(1)1 Item (a) and Article 76(1) of the former National Land Planning and Utilization Act (amended by Act No. 11922, Jul. 16, 2013; hereinafter “National Land Planning Act”); Article 36(1)1 Item (a) and Article 76(1) of the former Enforcement Decree of the National Land Planning and Utilization Act (amended by Presidential Decree No. 25050, Dec. 30, 201; hereinafter “Enforcement Decree of the National Land Planning and Utilization Act”); Article 71(1) [Attachment 2 through 7] of the former Enforcement Decree of the National Land Planning and Utilization Act; and Article 71(1) of the former Enforcement Decree of the former National Land Planning and Utilization Act (amended by Presidential Decree No. 25050, Dec. 30, 2013); the lower court determined that the legal basis for the disposition of this case, such as the Act, or relevant laws and regulations, have protected the Plaintiffs’ interests of living in the residential area as well-being or sound living environment.
In light of the above legal principles and records, the above judgment of the court below is just and it is so decided.