시정지시처분 등 취소
1. All appeals filed by the Defendant and the Intervenor are dismissed.
2. This shall be caused by the participation in the appeal costs;
1. Details of the disposition;
A. The Plaintiff obtained a building permit on July 17, 1981 and approved the use on July 26, 1982, of Jung-gu Seoul Metropolitan Government M (hereinafter “instant land”) and the fourth floor of the steel-line joint building.
(hereinafter referred to as “instant building”) is owned by a person.
B. The fence was installed in the part of the attachment No. 1, No. 1, No. 2, No. 3, No. 4, and No. 5, which are the surrounding areas of the instant building, but part of the said fence was found to have been invaded by a part of the road abutting on the instant land as a result of a boundary survey.
Accordingly, on November 14, 2013, the Plaintiff removed the aforementioned wall, and then connects each point of the attached Form 1 1 , 2 , and 3 , hereinafter referred to as “the wall of this case” in the following order:
AB was established.
C. The fence of this case is referred to as the "O-Road" of Jung-gu Seoul Metropolitan Government.
The term "Past Road" and "Past Road"
There are adjoining roads, each of the above roads is NN roads (hereinafter referred to as "N roads"), and "the adjoining roads of this case" by combining each of the above roads.
The width of the adjoining road of this case, which is the sum of the NN road to the width of the O road and Qgu road, is about 2.9m to 4m.
On November 15, 2013, the Defendant issued a corrective order to install the instant fence at two meters away from the center line of the instant adjacent road on the ground that the instant fence was installed by breaking the construction line due to the instant adjacent road.”
A. [In the absence of dispute over the basis of recognition, Gap evidence 1, 6, 7, Gap evidence 11-1, Gap evidence 13-1, 2, 3, Eul evidence 7, Eul evidence 1-1, Eul evidence 1-2, 7, Eul evidence 1-1, and the purport of the whole pleadings.
2. The details of the relevant statutes are as shown in attached Form 2;
3. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) The Building Act (amended by Act No. 12246, Jan. 14, 2014; hereinafter “Building Act”).
(b).