시정지시처분 등 취소
1. The Defendant’s disposition of ordering correction of matters violating the Building Act issued to the Plaintiff on November 15, 2013 is revoked.
2. The plaintiff's remainder.
1. Details of the disposition;
A. On February 14, 2004, the Plaintiff acquired the Plaintiff’s ownership and the current status of the building, etc. 1) The Plaintiff’s Jung-gu M (hereinafter “instant land”) from K and L.
() The instant building is a 130.91 square meters for a 4-story neighborhood living facilities with the 4-story reinforced concrete structure, the 151.47 square meters for the 2-story, the 3-story 151.47 square meters for the 3-story 151.47 square meters for the 4-story, the 151.47 square meters for the 175.47 square meters
(2) On March 25, 2004, the building of this case was approved for use on July 26, 1982.
On the other hand, outdoor parking lots are installed on the north side, south side and Dong side of the building of this case.
B. The instant wall and road 1) installed a fence in sequence with each point indicated in the separate sheet Nos. 1, 2, 3, 4, and 5, which are the surrounding areas of the instant building. However, as the said fence was revealed that the said fence invadeds a road beyond the boundary of the instant land, the Plaintiff removed it on November 14, 2013, and removed it on the separate sheet Nos. 1, 2, and 3, and the new wall Nos. 1, 2, and 3, which successively connected each point of the instant building (hereinafter “instant wall”).
2) The fence of this case is adjacent to the N and O roads in Jung-gu, Seoul, and the above N and the above N are mainly referred to as the "road of this case".
3) The road of this case is not specified from approximately 2.9m to about 4m.
C. The Defendant issued the following corrective orders to the Plaintiff.
1. A nearby residents, including the Intervenor joining the Defendant, filed a civil petition with the Defendant that the entrance of the instant road became narrow due to the fence of the instant case.
Accordingly, as a result of the Defendant’s on-site investigation and boundary surveying, the instant fenced the instant road, and the Defendant, on November 15, 2013, ordered the Plaintiff to construct the instant fenced up to 20 meters away from the center line of the adjacent road, on the ground that the instant fenced the construction line, and accordingly, the Defendant was installed on November 29, 2013 (hereinafter “instant Disposition 1”).