건축허가처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff owned and managed a clan burial ground on its ground while holding a forest and field D in the Chungcheongbuk-gun.
B. On August 23, 2013, the Defendant Intervenor filed an application for a construction permit with the head of Gun to construct a building with the building area of 463.68 square meters, building-to-land ratio, 11.35 percent, total floor area of 463.68 square meters, 11.35 percent, floor area ratio of 11.35 percent, total floor area of 463.68 square meters, and 10 percent of main building number, 10 Dong buildings, main purpose detached houses, and 10 households of household number (hereinafter “instant building”). On December 10, 2013, the Defendant Intervenor filed the said application with the Defendant Intervenor on the instant land.
(hereinafter “instant disposition”). C.
The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Chungcheongbuk-do Administrative Appeals Commission, but the said claim was dismissed on June 30, 2014.
On the other hand, the defendant succeeded to all of the dispositions of this case by the petitioner head of the Gun, following the launch of the Integrated Cheongju City on July 1, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 4 through 9, Eul evidence No. 1 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The plaintiff's assertion
A. Violation of the National Land Planning and Utilization Act 1) The instant land is classified into the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).
(1) Article 76 of the former Enforcement Decree of the National Land Planning and Utilization Act (amended by Presidential Decree No. 25050, Dec. 30, 2013; hereinafter the same shall apply) as “Preservation green area” prescribed in Article 76 of the same Act.
Article 71 and attached Table 15 are not permitted to newly construct a "multi-family house", and the defendant's assistant intervenor stated the purpose of use of the building of this case as "multi-family house of this case" upon submitting an application for building permit to the petitioner head of the Gun, and constructing several units of houses within one site like the building of this case.