건축허가취소처분취소
1. Revocation of the first instance judgment.
2. The revocation disposition against the Plaintiff on September 5, 2017 by the Defendant is revoked.
1. Details of the disposition;
A. On August 25, 2016, the Defendant: (a) on August 25, 2016, the Seo-gu Seoul land (hereinafter “instant land”) with respect to the Plaintiff’s husband, Seo-gu (hereinafter “instant land”).
A) Building permission to newly construct a building consisting of 527 square meters of a site area, 295.80 square meters of a building area, 785.713 square meters of a total floor area, 1, 2-type neighborhood living facilities, detached houses, and three floors above ground (hereinafter “instant building permission”).
(2) On September 8, 2016, the Plaintiff filed a report on the change of the owner of the building in question from the above B to the owner of the building in question, and the report was accepted on September 12, 2016.
3) On November 3, 2016, upon the Plaintiff’s application, the Defendant changed the construction permit of this case on September 5, 2017, on the following grounds: (a) on the ground that the building area of the said building was 284.6 square meters; (b) the total floor area was 937.3 square meters; and (c) the main purpose was to change Class II neighborhood living facilities, detached houses, and the number of floors into one underground floor; and (d) on the ground that the Defendant revoked the construction permit of this case (hereinafter “instant disposition”).
Grounds for revoking a building permit: A ditch abutting on the relevant site has become to obtain a building permit by establishing a parking lot (seven parking lots) although the entry into and exit from a motor vehicle is impossible due to failing to meet the requirements for a road under Article 2 (1) 11 of the Building Act.
B. The instant land and the neighboring land-related case No. 1) The Seo-gu Seoul Special Metropolitan City D land adjacent to the instant land (hereinafter “instant adjacent land”).
On April 12, 2016, the lessor obtained a building permit from the Defendant to construct a building on the adjoining land of this case. On October 27, 2016, the lessor filed an application for the approval of the use of the building to the Defendant. (ii) On November 8, 2016, the Plaintiff’s husband B filed an illegal complaint with the Defendant regarding the new building on the adjoining land of this case.
3. Seo-gu, Gwangju Metropolitan City, E, etc. visited the adjoining land of this case to verify the site, and the defendant shall be the lessor on November 16, 2016.