위반건축물 시정촉구처분취소
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 October 2015, the Plaintiff purchased a detached house B located in Yeongdeungpo-gu, Suwon-si ( Class-II general residential area, 1 or 2 stories underground and 329.71 square meters, hereinafter “instant building”) and completed the registration of ownership transfer on October 27, 2015, and resided in the said building.
B. Upon receipt of the report on illegal building of the instant building on March 2018, the Defendant: (a) conducted a on-site investigation on the instant building; and (b) deemed that an animal and plant-related facility (hereinafter “instant greenhouse”) has been extended to 116.0 square meters on the 1st floor and the 2nd floor connected stairs of the instant building (hereinafter “instant stairs”) and on the 3rd floor (hereinafter “instant greenhouse”); and (c) issued a prior notice of the corrective order to the Plaintiff on May 17, 2018.
C. Accordingly, on May 24, 2018, May 29, 2018, and June 4, 2018, the Plaintiff submitted three written opinions to the Defendant on three occasions. However, on June 15, 2018, the Defendant issued a notice to the Plaintiff to urge the Plaintiff to voluntarily repair the instant facility and to notify the result thereof.
(hereinafter “instant disposition”) D.
On June 22, 2018, the Plaintiff appealed with the Gyeonggi-do Administrative Appeals Commission on the instant disposition, but the Gyeonggi-do Administrative Appeals Commission dismissed the Plaintiff’s appeal on August 27, 2018.
E. Meanwhile, on the building ledger of the instant building, the total floor area is indicated as 329.71 square meters, 116.04 square meters for the building area for the first floor, and the building area for the second floor is indicated as 97.63 square meters.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, Eul evidence Nos. 10 and 11 (including each number), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The summary of the Plaintiff’s assertion 1 is that of this case’s rooftop, the passage of the first and second floors, and stairs for the purpose of waterproofing in order to prevent disasters and protect the building of this case.