건축허가처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is the owner of the petitioner-gu Seoul road 291m2 (hereinafter “instant road”) in Cheongju-si.
B. On August 20, 2015, the Defendant: (a) granted a building permit (hereinafter “disposition to grant a building permit”) to construct the said road on the ground of Cheongju-si, Cheongju-si, Seoul Special Metropolitan City, a building area where the said road is a road under the Building Act; and (b) a Class 1 neighborhood living facilities (retailing stores) with a total floor area of 859m2,00,000 square meters, each of which is 859m2; (c) designated the said road as a road under the Building Act (designated number E) on the same day.
C. On January 4, 2017, the Defendant issued a building permit (hereinafter “instant building permit disposition”) to construct a building site size of 6,394 square meters, building area, and Class 1 and Class 2 neighborhood living facilities (1 and 2 neighborhood living facilities (a 103.5 square meters retail store of 491.22 square meters in a manufacturing place, 103.5 square meters in a manufacturing place, and hereinafter “the Intervenor’s building”) on the ground of Cheongju-si, Cheongju-si, a building site size of 5,952 square meters in a building nearby the instant road, 118 square meters in a G, and 324 square meters in a H, which are located on the ground of the said road under the Building Act (hereinafter “the Intervenor’s land”).
On March 10, 2017, the Defendant publicly announced the designation of the instant road pursuant to Article 2(1)11(b) of the Building Act (hereinafter “instant road designation public announcement”) with regard to the disposition of prior building permission as the public announcement of the petition district, pursuant to Article 2(1)11(b) of the Building Act.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 4, 6, 8, 9, Eul evidence Nos. 2, 4, Eul evidence Nos. 1 and the purport of the whole pleadings
2. Determination on the principal safety defense of the defendant and the intervenor
A. Even if the instant building permit disposition is revoked, as long as the prior building permit disposition is valid, the roads of this case are used as access roads by AWSs, etc.