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Reasons
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(영문) 울산지방법원 2014.05.15 2013구합875
건축허가처분취소 등
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1. All of the plaintiffs' lawsuits against the defendants are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. Plaintiff A is the owner of a house with a 833 square meters and its ground in Ulsan-gun, Ulsan-gun, Ulsan-gun, and Plaintiff B is the owner of L 920 square meters and its ground, Plaintiff C is the owner of Mluan 982 square meters and its ground, and Plaintiff D is the owner of a house with a 652 square meters and its ground.

B. On February 21, 2013, E: (a) filed a construction report with the head of Ulsan-gu Seoul Metropolitan City (hereinafter “Defendant Ulsan-gun”) on the building site area of 626 square meters on the land of 899 square meters in Ulsan-gun, Ulsan-gun, Ulsan-do (hereinafter “instant housing site”); and (b) on February 21, 2013, the head of Ulsan-gun, the head of Ulsan-gu, newly constructed two single detached houses of 124.84 square meters in total floor area of 124.84 square meters (hereinafter “instant housing”); and (c) on February 21, 2013, the head of Ulsan-gu, the head of the relevant Si/Gun accepted the said building report (hereinafter “instant repair disposition”).

C. On January 23, 2013, in order to use the instant land as an access road to the instant land, E filed an application for approval of the use of agricultural infrastructure for the purpose other than the purpose of agricultural infrastructure with respect to the Defendant Korea Rural Community Corporation (hereinafter “Defendant Corporation”). Accordingly, on February 15, 2013, the Defendant Corporation filed an application for approval of the use of the instant land as “the purpose of use: the use of the access road for housing site” and “the period of approval” as “the period of use” and “the period of approval” as “the above three years” and “the instant application for approval” under each of the instant dispositions.

B. On February 19, 2013, between E and E, the Defendant Corporation set the term of lease from February 19, 2013 to February 18, 2016 and leased the instant land to E as KRW 1,759,670 for the first year.

D. D.

The instant housing site.

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