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(영문) 대전지방법원 2017.06.29 2016구합104769

경고처분취소

Text

1. The Defendant’s warning disposition against the Plaintiffs on July 13, 2016 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On December 4, 2008, the Plaintiffs were approved by the Defendant to build an apartment building with a total of 704 households of the 138-1 block, Seosung-dong, Seosung-gu, Daejeon (hereinafter “instant apartment building”). Around August 29, 201, the Plaintiffs received the instant apartment construction project inspection from the head of the Seo-gu, Daejeon Metropolitan City basin head of the Gu.

B. On July 13, 2016, pursuant to Articles 13, 21, and 22 of the former Housing Act (wholly amended by Act No. 11871, Jun. 4, 2013; hereinafter “former Housing Act”), and Article 14 of the former Enforcement Decree of the Housing Act (wholly amended by Presidential Decree No. 27444, Aug. 11, 2016; hereinafter “former Enforcement Decree of the Housing Act”), the Defendant issued a warning disposition (hereinafter “instant disposition”) to the Plaintiff on the ground of the violation of housing construction standards as shown in [Attachment 1] and the violation of design drawings and specifications (hereinafter “instant disposition”).

[Attachment 1: Disposition 1: Whether the measures of the violation of the order of prohibition of 1.7m or not, two underground parking lots (including one parking lot for disabled persons) with the height of parking of 1.7m or more of 1 underground parking lots (including one parking lot for disabled persons) are divided into 5 outside stairs with the completion of construction repair of 2.1m or less, and the completion of installation repair of stairs 3 underground parking lots (B1, B2, B3) with the completion of repair of installation of stairs 2m or more in the two sections exceeding 2m, the completion of maintenance of installation of stairs 3 underground parking lots (B1, B2, and B3) and part of the parking space with the front of 104 external stairs above 1m, but with the completion of repair of the 104 non-construction of rail installed 5m or more, the completion of installation of the 10m more than 10m more than 6 outdoor parking spaces and the completion of installation of the 10m more than 7000 non-construction of the entrance.