건축허가신청반려처분취소
1. On December 20, 2016, the Defendant revoked the disposition for application for building permission, application for reexamination against the Plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. On December 9, 2016, the Plaintiff filed an application with the Defendant for a building permit to newly construct a multi-family house (four households) with a total floor area of 239.04 square meters on the ground of the instant site, and a multi-family house (four households) with a size of two floors on the ground of the instant site (hereinafter “instant application”).
B. On December 20, 2016, the Defendant rejected the instant application on the ground that the instant site did not satisfy Article 44 of the Building Act that “not less than two meters of the site of the building adjoins to the road” (hereinafter “instant return disposition”).
C. On March 20, 2017, the Plaintiff filed an administrative appeal seeking the revocation of the instant return disposition with the Seoul Special Metropolitan City Administrative Appeals Commission, but the said administrative appeals commission dismissed the Plaintiff’s claim on June 26, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3, 4, and 17 and the purport of the whole pleadings
2. Whether the return disposition of this case is legitimate
A. The Plaintiff’s assertion is linked to the road at least 2 meters wide from the east and south of the site of this case.
Although each of the above roads is not publicly announced or designated as a road, it constitutes a road under the Building Act as a de facto road used for the passage of people and vehicles from around 1970, and there is no impediment to entering the land of this case through each of the above roads. Thus, even though the site of this case satisfies the requirements of Article 44 of the Building Act, the defendant's disposition of return of this case should be revoked.
(b) The details of the relevant statutes are as shown in the attached statutes.
(c) The site of a building for determination shall be constructed in cases where it is deemed that there is no problem with access to the building concerned, or there is any vacant area prescribed by Presidential Decree around the building, as defined in subparagraph 1 (b) of Article 2 of the Farmland Act;