개발행위허가취소 등
1. All of the plaintiffs' lawsuits against the defendant are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. On December 14, 2016, C filed a building report (hereinafter “instant building report”) with the Defendant on December 29, 2016, to newly construct a detached house (one floor on the ground, 650 square meters of the site area, and 86.76 square meters of the building area) on the instant land (hereinafter “instant land”). The Defendant accepted the instant building report on December 29, 2016.
(hereinafter “instant disposition”). (b)
On March 17, 2017, the Plaintiffs filed an administrative appeal seeking the revocation of the instant disposition with the office of administrative appeals commission of Gyeongnam-do, Seoul, on the ground that the ownership of the instant land was against Plaintiff B, but was dismissed on April 27, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 8, Eul evidence Nos. 1 to 3 (including numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The plaintiffs, as to whether the lawsuit of this case is legitimate, have occupied the land of this case in a peaceful and public manner for at least 30 years, and therefore, they asserted that the defendant's disposition of this case, which accepted the building report of this case, was unlawful, despite the plaintiff B.
The defendant asserts that the lawsuit of this case is unlawful, since there is no legal interest to seek revocation of the disposition of this case against the plaintiffs.
Article 12 of the Administrative Litigation Act provides that "a revocation suit may be instituted by a person who has a legal interest in seeking the revocation of a disposition, etc., and even if a third party is not the other party to the administrative disposition, if the legal interest protected by the administrative disposition is infringed on by the law, he/she shall be entitled to obtain the decision of propriety by filing an administrative litigation seeking the revocation
The legal interest in this context refers to the case where there are individual, direct and specific interests protected by the relevant laws and regulations, and as a result of the protection of public interest.