위법구조물 시정명령처분 취소
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 10, 2004, the Plaintiff purchased from B, on February 10, 2004, C, 390 square meters in Gwangju-si, D, 348 square meters in size (hereinafter “C land,” and the combination thereof, referred to as “each of the instant land”) and 198 square meters in residential facilities with one story of reinforced concrete structure on the ground (hereinafter “instant building”) and completed each registration of ownership transfer on February 21, 2004.
B. B newly constructed the instant building on each of the instant land and obtained approval for use on February 2, 2004. At the time of the construction permission of the said building, the building was divided into the land E-road 24 square meters in Gwangju-si, Gwangju-si (hereinafter “E road”) and the land C.
C. On March 2012, the Plaintiff installed a boundary stone ( approximately 25m in length, about 0.45m in height, 0.3m in width, hereinafter “instant boundary stone”) on the road of E. D.
On June 17, 2014, the Defendant issued a corrective order to remove the above boundary seats to the Plaintiff by July 7, 2014 (hereinafter “instant disposition”).
[Ground of recognition] The Gap evidence Nos. 1, Eul evidence Nos. 1 to 3 (including branch numbers, hereinafter the same), and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In order to protect the sewage and waste water pipes installed on the land C, the Plaintiff’s assertion is merely installing the instant boundary stone between the land C and the road F of Gwangju City, and the said boundary stone is not a building or fence, and thus, Articles 79(1) and 47(1) of the Building Act cannot be applied. Even if the boundary stone falls under the wall.
According to Article 83(1) of the Building Act and Article 118(1)5 of the Enforcement Decree of the same Act, the instant disposition is a structure subject to reporting with a height exceeding 2 meters, and is subject to restrictions based on the building line. Therefore, the instant disposition is deemed unlawful on any mother.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. Determination is based on Article 46 of the Building Act.