건축허가처분취소
1. All plaintiffs' lawsuits are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. On May 28, 2015, the Defendant: (a) granted a building permit to Qua with the content that permits the construction of a facility related to one story of one story of one story of a total floor area of 1,540 square meters (hereinafter “instant building”) with a total floor area of 1,540 square meters (hereinafter “instant site”); and (b) granted a new building permit to Q Q.
(hereinafter “instant disposition”). (b)
The Plaintiffs are residents residing in the Gyeong-gun, Jinnam-gun S, adjacent to the instant application site.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, and the purport of the whole pleadings
2. Judgment on the main defense of this case
A. The defendant's assertion is not acknowledged as standing to sue because there is no direct and specific legal interest infringed upon by the disposition of this case as a third party, who is not the other party to the disposition of this case, and furthermore, as long as the new construction of the building of this case was completed and the approval for use was granted, the interest in the lawsuit seeking revocation of the disposition of this case is not recognized.
B. 1) A lawsuit seeking confirmation of cancellation or invalidation of an illegal administrative disposition is intended to restore to the original state by excluding an illegal state arising from an illegal disposition and protect or eliminate the rights and interests infringed or interfered with such disposition. Thus, even if revocation or invalidation is confirmed with respect to such unlawful disposition, if it cannot be deemed that the rights and interests infringed or interfered with such revocation or invalidation are recovered, there is no benefit to seek confirmation of cancellation or invalidation (see, e.g., Supreme Court Decision 91Nu1131, Apr. 24, 192). In addition, a building permit is merely an administrative disposition that permits an “construction act” which is generally prohibited for the purpose of construction administration, and the building that obtained the building permit does not mean the legitimacy under the Building Act, but is adjacent to the building.