beta
(영문) 대구고등법원 2015.11.18 2014나2137

공사중지

Text

1. The plaintiffs' primary and conjunctive claims that have been changed in exchange at the trial are dismissed, respectively.

2...

Reasons

1. The following facts of the recognition are either in dispute between the parties or in accordance with the statements and images of Gap evidence Nos. 3, 4, 5, 20, 22, Eul evidence Nos. 1, 4, 5, 6, and 25 (including numbers where no special indication is made; hereinafter the same shall apply) and the results of the expert examination and supplementary evaluation conducted by the first instance court and the court of the first instance, the results of the on-site inspection conducted by the court of the first instance and the purport of the entire pleadings, and there is no counter-proof.

The plaintiffs are those who own land or buildings in, or reside in, a village formed near the AY (hereinafter referred to as "AW Village") from the AnX and AY's regrown-si to the AY (Packing roads).

On April 2006, the Defendant: (a) constructed a pipe structure 2 192 square meters and a pipe structure compost 156.94 square meters on the ground of the AV at Andong-dong-si, Anndong-si; and (b) received approval for use, and (c) raised Chinese rain in the above building (hereinafter referred to as “existing stable”).

B. Around December 2010, the Defendant filed an application for a construction permit with the purport that “the Defendant shall newly construct (or extend) a stable on the ground of the Dong-dong-si AT and AU (which is adjacent to the existing stable) [the area of the Dong-dong Do-dong Do-dong Do, 1,650 square meters, 50 square meters, 2,153.56 square meters in total (including the existing stable 192 square meters), 2,153.56 square meters in the Dong-dong Do-dong Do-dong Do-dong Do-dong Do, 192 square meters, hereinafter “the instant stable”). On January 3, 2011, the Defendant permitted the said application.

On October 30, 2014, the Defendant completed the new construction of the instant stable (the detailed details and present status of the existing stable and the instant stable are as shown in attached Table 1) and applied for approval for use to the City Mayor of Ansan-dong.

On January 16, 2015, Adong-si rejected the said application on the grounds that the instant lawsuit is pending between the Plaintiffs and the Defendant, but on March 30, 2015, the judgment that the Gyeongdong-dong Administrative Appeals Commission revoked the above disposition of return at Andong-dong-si on March 30, 2015 was defective and approved for the use of the instant livestock shed on April 23, 2015.

(c) AW village residents;