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(영문) 의정부지방법원 2021.01.28 2019구합14129
건축허가신청반려처분취소
Text

The defendant's disposition of rejecting an application for building permit filed against the plaintiffs on June 14, 2019 is revoked.

The costs of lawsuit are assessed against the defendant.

Reasons

Details of the disposition

In the case of Plaintiff A, Plaintiff B, Namyang-si, the administrative district of which is 11m2 and 72m2m2, among the 1,028m2 and 188m2, 11m2 and 177m2, among the 1,84m2 and 177m2.

A. On April 29, 2016, the Plaintiffs entered into a sales contract on each of the following land (hereinafter referred to as “each of the instant land”; hereinafter referred to as “each of the instant land”) from C, and completed the registration of transfer of each ownership on June 3, 2016.

B. On April 16, 2019, the Plaintiffs filed an application for a building permit including an application for permission for development activities (hereinafter “each of the instant applications”) in order to newly construct each of the instant lands on each of the instant lands, and attached a construction plan plan plan plan and a ground plan (hereinafter “the instant drawings”).

(c)

On May 3, 2019, the Defendant demanded the Plaintiffs to supplement the following matters: (a) the shape of the drawing of this case submitted by the Plaintiffs (sected with the thick section marked by the “road border line” in the annexed Form 1; hereinafter “road of this case”); (b) the private land of H and I; (c) the submission of evidentiary documents by which the Plaintiffs can confirm the entry of the site into the site; and (d) the submission of documents by which the entry to the site can be confirmed, by May 16, 2019.

(d)

The Plaintiffs, May 16, 2019, “The instant road is a de facto passage used by neighboring residents as a passage for a long time, and the owner of H’s land obtained the construction permit by using the said road as the access road at the time of the construction of the relevant ground.

The road of this case was originally located on the J land owned by the state, but its location is changed as the plaintiffs have recently conducted a survey of the current state in recent technology, and it cannot be deemed that the owner of the road of this case has changed solely for such reasons.

Therefore, the defendant shall designate the road of this case as the road under the Building Act, and each of the applications of this case.

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