건축허가취소처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning of the judgment of the court of first instance cited the same reasoning as the reasoning of the judgment of the court of first instance, except for the addition of the following matters among the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of
The following shall be added to Chapter 21:
In addition, Article 13(1) [Attachment 1] 5(c) of the Enforcement Decree of the Development Restriction Zone Act provides that “When an existing house becomes unable to reside any more due to a disaster and the owner of the existing house newly constructs the existing house on his/her own land (referring to the land whose ownership has been secured within six months from the date of disaster).” The purport of the above provision is that the existing house cannot be resided any longer due to a disaster, but if it is impossible to build the existing house on the land where it is owned by the existing house under the provisions of Article 13(1) [Attachment 1] 5(a) of the Enforcement Decree of the Development Restriction Zone Act, it would be necessary to protect the rights of the existing house owner by allowing the existing house owner to build the existing house on the land where it is owned by the existing house under certain conditions, and therefore, considering the purport of the above provision, it is reasonable to interpret subparagraph 5(a) of [Attachment 1] to ensure that only the existing house on the land which was not the land category of the development restriction zone.”
2. Thus, the plaintiff's claim shall be dismissed as it is without merit. The judgment of the court of first instance is just and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.