건축불허가처분취소
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 March 28, 2016, the Plaintiff filed a building report with the Defendant to newly construct one-story housing with a building area of 9.6 square meters on the ground of Yangcheon-gu Seoul Metropolitan Government Road B (hereinafter “instant land”).
(hereinafter “instant building report”). (b)
On April 7, 2016, the Defendant rendered non-permission regarding the instant building report on the ground that “The instant land is a road for access to a building located respectively in Yangcheon-gu Seoul Metropolitan Government Land (hereinafter “instant land”) and D Land (hereinafter “Land 2”) and land E (hereinafter “Land 3”) and “the instant land, so it may be used as a site on which construction is possible prior to road disuse with the consent of the interested parties.”
(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1 and 2, Eul evidence No. 1, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. A resident who does not have contributed to a second-class detached house located on the Plaintiff’s assertion 1 may, if he removes a fence installed between the said second-class detached house, pass through a public road through another detached house. A resident of a multi-household house located on the second and third-class land may pass through a public road even without passing through the instant land.
Therefore, in constructing a new house on the instant land, the owners of the land Nos. 1, 2, and 3 cannot be deemed interested parties. Thus, the instant disposition that the Plaintiff rendered on a different premise is unlawful.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. Fact 1) The instant land adjoins to G roads, as shown in the annexed Form Nos. 1, 3 and F, and its current status is 12.4m in length and 3.5m in width, as a cement package. 2) The land No. 1 owns 1/2 shares on that ground, H and I own 2 shares on that ground, and the two houses constructed on August 27, 1983 are owned by H. Of which, “Adong” is owned by H.