개발행위허가처분취소
1. Revocation of the first instance judgment.
2. All plaintiffs' claims are dismissed.
3. Total costs of litigation are assessed against the Plaintiffs.
Details of the disposition
Plaintiff
A is the owner of land D and E in Gyeonggi-gu, and Plaintiff B is the owner of land in Gyeonggi-gu, G, H, I, J, K, L, L, M, N,O, and P as the owner of land in Gyeonggi-gu (hereinafter referred to as “land owned by the Plaintiff” in total, and when they refer to individual land, they are specified by the lot number only when they refer to the land). Plaintiff B owns the J-based building, and Plaintiff B owns the building in F, H, I, andO.
(2) On June 7, 2017, the Defendant filed a construction report with the aim of newly constructing a Class 2 neighborhood living facility (one story), the total floor area of which is 85 square meters, and the total floor area of which is 84 square meters on the ground of the instant land (hereinafter “instant land”). On June 7, 2017, the Defendant accepted the instant construction report on July 16, 2017, following consultation procedures related to permission for the development of a Class 2 neighborhood living facility site for the purpose of creating a site for the instant land (hereinafter “instant building report”). The Defendant accepted the instant building report on July 16, 2017.
(2) The Defendant’s Intervenor newly constructed a building in accordance with the initial disposition of this case and installed a retaining wall (which is the part indicated as a reinforced retaining wall in accordance with the “the initial disposition of this case” under the attached Form 1; hereinafter “the instant retaining wall”) at the edge of the site.
The Plaintiffs filed the instant lawsuit on June 7, 2018 on the ground that the only road leading to the building owned by the Plaintiffs was closed due to the installation of the retaining wall. On December 13, 2018, the Intervenor joining the Defendant filed the instant lawsuit. On December 13, 2018, the Defendant removed the retaining wall of this case by reducing the site size of the instant land into 688 square meters, installed a road with a width of 3 meters, and subsequently, replaced by the attached drawing of the retaining wall 1.