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(영문) 광주지방법원 2020.02.06 2019구합13350
건축(증축)허가처분 취소 청구
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are assessed against the Plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs are residents of the housing unit G on the ground of the Jeonnam-gun, Youngnam-gun (hereinafter “Fri”), and the Intervenor joining the Defendant (hereinafter “ Intervenor”) purchased H, I land, and stables, which are buildings on the ground, from E on June 3, 2019.

B. On January 14, 2019, E was subject to the instant disposition that he/she constructed a house with a total floor area of 792 square meters on the ground of land I (hereinafter “the instant house”). The Intervenor purchased the said land from E, and subsequently registered the name of the owner of the building for the said extension permission on June 13, 2019, and constructed the said house.

C. The distance between the boundary between G land where the plaintiffs reside and the site of this case is 115 meters.

[Ground of recognition] Facts without dispute, Gap evidence 4-1, 2, Gap evidence 8-1, Gap evidence 12, and 13, the purport of the whole pleadings

2. Judgment on the main defense of this case

A. The summary of the argument and related legal principles 1) The defendant is not the direct counter-party to the administrative disposition of this case, and the third party who files a lawsuit seeking revocation on the grounds that his environmental interest is infringed or is likely to be infringed on by the administrative disposition. The third party is admitted to have standing to sue that his environmental interest is protected individually and specifically in accordance with the relevant laws and regulations or the relevant laws and regulations. However, in a case where the scope of the right of influence that is anticipated to be infringed on the environment is specified in the relevant laws and regulations or the relevant laws and regulations, it is anticipated that the residents within the affected area will directly and seriously cause environmental damage due to the relevant administrative disposition, and such environmental interest is to individual residents.

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