건축허가신청반려처분취소
1. The defendant revoked the application for building permission filed against the plaintiff on September 19, 2017, and the application for building permission.
2. The costs of the lawsuit are assessed against the defendant.
Details of the disposition
The Plaintiff and wife B owned 1/2 shares of each of 83 square meters of the Plaintiff’s annual districts of Busan (hereinafter “instant site”) and the instant site is adjacent to D/30 square meters of the Busan B-gu road (hereinafter “instant road”), such as [Gam 1].
On December 10, 1957, the current status of the road of this case was first registered as the road category on December 10, 1957. On December 30, 1965, H was divided into a road category after the main number F or G was assigned to the main number on April 10, 1995. On April 10, 1995, H was again divided into a road category after the main number I or J was assigned to the main number on April 10, 1995, and thereafter E 14,286 square meters in most of E 19,342 square meters were closed by a land readjustment project or cancelled due to a combination between neighboring sites.
Among the roads of this case, only the parts connected to A, E, D, C, and B points, the F, and G are used as roads in conformity with the cadastral map and the current status, and the remaining parts indicated in the cadastral map are classified as a site for neighboring housing and are no longer available.
In other words, roads in the cadastral map connected to E do not exist due to a house which was set up on the ground, and there is no existing in the cadastral map as shown in the picture on the lower side of the land of this case, and the roads of this part F are cut down due to a house which was set up on the ground and bypassing.
[Glim 2] Part A of the road of this case among the road of this case is about 1.9's entrance width, approximately 1.06's width, which is about 1.06's small size, and the width of the branch where the land of this case is terminated is about 2.50's width.
The width of roads in E shall exceed approximately 3.47 meters, approximately 3.2 meters for D parts, and 5.0 meters for C parts.
The road width of the F portion of the road of this case is about 1.35m, about 3,97m in the upper part, about 1.86m in the upper part, about 3,97m in the upper part, about 1.86m in the smallest area, about 3.80m in the last part of the road of this case, and about 4.94m in the upper part.
[Reforest 1] [Reforest 2] The Plaintiff on August 7, 2017 on the instant site to the Defendant on the ground.