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(영문) 창원지방법원 2020.01.16 2019구합338
건축신고 불허가처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. On September 27, 2018, the Plaintiff: (a) on September 27, 2018, in order to newly construct a detached house of 5.21 square meters in the building area (hereinafter “instant application site”); (b) filed a building report and a building report; and (c) filed an application for permission to engage in the development of land and form and quality; and (d) filed

B. On October 29, 2018, the Defendant rendered a disposition not accepting a construction report to the Plaintiff on the following grounds pursuant to Article 11(5) of the Building Act and Articles 56 and 58 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

(hereinafter “instant disposition”). C.

On March 28, 2019, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, Eul 1-5, 11, the whole purport of the pleading

2. Whether the disposition of this case is legitimate;

A. Plaintiff 1’s assertion 1) Since the road name “C” was given to the part of the land used for the entry into and exit from the instant application site in accordance with the Road Name Address Act, it can be seen as a road. Therefore, the instant disposition on the ground that no access road is available to the instant application site is unlawful (i.e., the instant disposition on the ground that no access road is available to the instant application site) pursuant to Article 3 of the Building Act, Article 44 of the Building Act does not apply to the instant application site.

In addition, according to the 3-3-2-1 of the Guidelines for Operation of Permission for Development Activities (Ordinance of the Ministry of Land, Infrastructure and Transport), where a detached house with a site area of less than 1,000 square meters is constructed, the standards for securing roads do not apply.

Therefore, the instant disposition was unlawful on the ground that access roads were not secured.

(B) (3) Since the Defendant had granted a building permit, etc. on the land that uses forest roads as roads in the Hallan-gun of the Hallan-gun of the Republic of Korea, the instant disposition is unlawful in violation of the principle of equality (III. (B) It is as stated in the attached Form of the relevant statutes. (c) The facts of recognition are as follows.

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