건축허가 및 준공취소
1. All plaintiffs' lawsuits are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. The main point of the plaintiffs' assertion is that the building constructed by Defendant C on the land outside Gangseo-gu Seoul Metropolitan Government D, and on the ground is an unlawful building constructed in violation of the right to sunshine of the plaintiffs' building located on the ground of E and one parcel.
However, on February 11, 2019, the head of Gangseo-gu Office issued a building permit and construction completion permit (approval) for the above illegal building against Defendant C, and the above disposition must be revoked in its entirety.
2. Determination
A. Part 1 of the claim for cancellation against the head of Gangseo-gu is merely an administrative disposition that permits a building act which is generally prohibited for the purposes of the building administration, and the building that received the building permit does not mean legitimate under the Building Act, but does not justify that it infringes on the rights of the owners of neighboring houses. Even a building completed by obtaining the building permit, if the building violates the Building Act, the permitting authority may issue a corrective order, such as removal of the building (Article 79 of the Building Act). A person whose rights have been infringed by the building may seek removal of the building by civil action. Therefore, if the construction of the building for which the building permit was granted is completed, there is no legal interest in seeking cancellation or invalidation of the building permit (see, e.g., Supreme Court Decision 2006Du18409, Apr. 26, 2007). In addition, the use inspection disposition of the building (the completion permit is a building that infringes on the rights of the building owner by confirming whether it conforms to the purpose of the building permit.