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(영문) 대구지방법원 2019.07.11 2019구합219
건축허가취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On February 19, 2018, B filed a building report with the Defendant on February 19, 2018, that he/she would construct two animal and plant-related facilities (a stable) with a total floor area of 600 square meters on the ground of the 3,564 square meters (hereinafter “the instant reported site”) located in North-gu, Northern-gu (hereinafter “the instant reported site”).

(hereinafter “instant report”). (b)

On March 19, 2018, the Defendant accepted the instant report and issued the certificate of completion of the building report to B.

(hereinafter “instant disposition”). Accordingly, B reported the commencement of construction of the instant livestock shed on May 24, 2018.

C. The Plaintiff is an owner of 4,526 square meters in Northern-gu, Northern-si, located near the instant report site, and is a rice shed in the said land.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 4 (including each number; hereinafter the same shall apply), Eul evidence No. 3, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The gist of the defense prior to the merits of this case is difficult to view that the plaintiff's rights or legal interests directly and specifically infringed upon by the disposition of this case, which are not the other party to the above disposition. Thus, the lawsuit of this case is unlawful as it has

B. A third party who files a revocation suit on the ground that his/her environmental interest is infringed or threatened to be infringed upon by the disposition, who is not the direct counter party to the disposition, is entitled to sue to prove that his/her environmental interest is the interest individually, directly and specifically protected under the relevant laws and regulations or relevant laws and regulations, i.e. the legally protected interest.

However, in cases where the scope of the right of influence likely to be affected by the business, such as the act done by the administrative disposition, is specified in the relevant laws and regulations, the residents in the sphere of influence shall be concerned.

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