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(영문) 인천지방법원 2018.08.23 2016구합53993
건축허가처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall include costs resulting from the participation.

Reasons

1. On March 15, 2016, the Defendant issued a building permit (hereinafter “instant disposition”) to construct a “D” funeral hall building (hereinafter “instant funeral hall”) on six parcels of land, including Kimpo-si, Kimpo-si, with a size of 1st, 2nd, 7,543.9 square meters of underground floor, 7,543.9 square meters of building area, and 1,491.03 square meters of building area, on the land of six parcels of land, including Kimpo-si, Kimpo-si.

The Plaintiff (Appointed Party, hereinafter referred to as the “Plaintiff”) and the designated parties are residents of apartment complexes, such as Kimpo-si, an apartment complex located in the vicinity of the site for new construction of the funeral hall of this case.

[Reasons for Recognition] The entry of Gap evidence Nos. 4 through 6, 20 and the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. The plaintiff asserts that the disposition of this case is unlawful because it is not a public hearing under the Cultural Heritage Protection Act, and it does not make efforts to gather opinions of residents despite the continuous opposition of neighboring residents, and it is in violation of the procedure such as not properly conducting or reflecting traffic impact assessment. In addition, since the site for new construction of the funeral hall of this case exists within 500 meters from the outside of Kimpo F, which is a cultural heritage, it may infringe the historical and cultural environment where the new funeral hall of this case is newly constructed. The new construction of the funeral hall of this case is likely to infringe the historical and cultural environment. In light of the circumstances where the dwelling and education environment of the plaintiff and the designated parties residing in the neighboring apartment complex is damaged and heavy traffic accidents are anticipated, the disposition of this case was

The defendant asserts that there is no benefit to seek cancellation of the disposition of this case against the plaintiff as long as the construction work in this case is completed.

B. A lawsuit seeking the revocation of an illegal administrative disposition is a lawsuit seeking the restoration to the original state by removing an illegal state caused by the illegal disposition and protective measures against the rights and interests infringed or interfered with the disposition, and thus the illegal disposition is revoked.

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