건축허가취소처분취소
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The Plaintiff and C’s position 1) are the owners of Ulsan-gun E, Ulsan-gun, and Plaintiff B are the owners of buildings on the above E and F’s land (Plaintiff B is the starting machine of Plaintiff A, and Plaintiff’s husband is Nonparty G.
(2) C is the owner of Ulsan-gun District D (Seoul-gun Hro around August 16, 2016) around October 7, 2015 (hereinafter “instant land”).
B. On October 7, 2015, C obtained a building permit for construction of 3,564 square meters of a site area, 663.6 square meters of a building area, 1,321.32 square meters of a total floor area, and Class II neighborhood living facilities (general restaurants) on the instant land from the Defendant on October 7, 2015 (hereinafter “instant building permit”).
(2) On October 8, 2015, the Defendant issued a disposition to designate a road equivalent to 22 meters in length of the road, 4.3 meters in width of the road, and 100 square meters in size of the road (the part of the road shall pass through the above E land owned by Plaintiff A), and on the same day, publicly announced it through the Gun-Myeon bulletin board and website on the same day.
(hereinafter referred to as the “designation of this case”). C.
After the construction permit of this case, C filed a report on the construction of the building in accordance with the construction permit of this case on May 20, 2016. 2) The Plaintiffs and G interfered with the construction of C’s new building by installing a steel fence in the above part of the road of the above E land, and C filed an application for provisional disposition against the Plaintiffs and G seeking the prohibition of traffic interference with the above part of the road and the removal of the said steel fence on April 3, 2017.
Ulsan District Court 2017Kahap105.