담장설치신고 반려처분취소 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On November 13, 200, the Plaintiff obtained a building permit from the Defendant (hereinafter “instant building permit”), and completed the construction of the instant building on April 1, 2002, on the ground of 2nd, 7th, above ground, and the total floor area of 4,663.53 square meters, in order to construct the instant building (hereinafter “instant building”). The Plaintiff completed the construction permit on November 13, 200, in order to construct the instant building on the ground of 1,139.1 square meters in Seoul, Gangnam-gu (hereinafter “instant building site”).
B. The front of the instant building adjoins to a road of eight meters wide (hereinafter “instant road”). In accordance with the construction deliberation standard which was enforced at the time of the instant building permission, the construction line on the site abutting on the side road in an urban design zone was designated as a line set back one meter away from the boundary line of the relevant road. As such, the Plaintiff also prepared a building arrangement plan, etc. to the effect that the Plaintiff would install a fence by complying with the construction line set back one meter from the boundary line of the instant road as indicated in the “Modification Prior” drawings, and filed an application for the building permission and approval for use of the instant building on the same premise with the Defendant.
C. However, on August 12, 2014, the Plaintiff submitted to the Defendant a large-scale repair report stating that he/she would move the fence to the boundary line of the instant road and want to install it. On September 12, 2014, the Defendant notified the Plaintiff on September 12, 2014, that “The Plaintiff’s application cannot be accepted, since the back road was set back at one meter from the back side road in accordance with the construction deliberation standard that was implemented at the time of the instant building permit, and was processed as permitted.”
(hereinafter “instant disposition”). (hereinafter “instant disposition”) did not dispute (based on recognition”), Gap evidence 1-2, Gap evidence 2, Gap evidence 3-1-2, Gap evidence 4-1 through 5, Gap evidence 5, Gap evidence 6-1, 2, Eul evidence 1-2, Eul evidence 1-2, and Eul evidence 2.