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(영문) 부산고등법원(창원) 2016.10.26 2016누10940
건축허가불가처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. From around 1984, the Plaintiff’s attached Nonparty B built a building, such as livestock pens, on the ground of 1,473 square meters on his own land, and raised pigs. On May 2, 1991, the Plaintiff filed a report on the installation of emission and treatment facilities on the 660 square meters of C’s land.

(A) As to a building constructed on the land of 1,473 square meters at the time of the report on installation, there was a stable 339.5 square meters, a house of 27.1 square meters, a warehouse of 20.5 square meters, and a stable of 168 square meters, a stable of 127.3 square meters, and a building ledger of 140.8 square meters.

On May 12, 1994, the registration of ownership transfer was completed on the grounds of sale as of May 6, 1994 in the B, and on August 11, 2015, the G-type land of 401 square meters was combined with the G-type land of 1,874 square meters (hereinafter “C-type land of 1,874 square meters and D-type land of 1,230 square meters”) and the land of 1,874 square meters was combined with the G-type land of 1,473 square meters on August 11, 2015.

C. B completed the registration of ownership preservation on January 15, 2015 with respect to buildings previously constructed, such as the table below (hereinafter “instant table”), in the instant application form, and completed the registration of ownership transfer on January 14, 2015 with respect to buildings, such as a stable on the ground of the instant application form, to the Plaintiff on the same day.

Serial number and building number building number contents 1 C block structure 1 C block structure 1 C block structure 39.5 square meters, one-story block structure 339.5 square meters, one-story block structure 187.84 square meters, one-story block structure 187.84 square meters, one-story block structure 27.1 square meters, one-story block structure 27.5 square meters, one-story 23 20.5 square meters, one-story, one-story block structure 168 square meters, one-story 168 square meters, one-story, one-story structure 140.8 square meters, one-story, one-story block structure 140.8 square meters, one-story roof 127.3 square meters, one-story 3D light iron bars structure, one-story 396.96 square meters, one-story, one-story 444 square meters square meters square meters, one-story 27.96 square meters, one-story 396.

D. On January 21, 2015, the Plaintiff raised objection from the Defendant pursuant to Article 22(1) of the Livestock Industry Act.

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