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(영문) 춘천지방법원 2018.09.18 2018구합50817
건축허가처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Details of the disposition

On September 2017, B filed an application with the Defendant for permission to engage in development activities for the construction of livestock pens and compost (for the purpose: facilities related to the same plant; hereinafter “the instant livestock shed”) on four lots, such as Gangwon-do C, D, E, and F (hereinafter “the instant application site”). On November 23, 2017, the subcommittee for permission to engage in development activities of the Crossing-gun Urban Planning Committee deliberated on the said permitted case and resolved as “Conditional expropriation.”

B around January 2018, the instant livestock shed (total floor area and building area 1,812.50 square meters) was newly built.

On February 13, 2018, the Defendant issued a notice to accept the building report (hereinafter “instant disposition”).

On the other hand, on May 12, 2004, the Plaintiff completed the registration of ownership transfer on the 2,205 square meters of G in Gangwon-gun G, Gangwon-do, and the said G land is immediately adjacent to the place of the instant application.

There is a stable newly built 10 years prior to the above G land (hereinafter referred to as the “red red part”) located on the H land immediately adjacent to the said G, and the location of the instant application and the surrounding land are as follows:

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 4, and 12, Eul No. 7, and the purport of all pleadings are as shown in the attached Form of the relevant statutes.

Whether the lawsuit of this case is legitimate or not, the plaintiff of this case only owns the land adjacent to the place where the application of this case was filed, and has not actually resided in the relevant land, and thus, it cannot be deemed that the disposition of this case causes or is likely to cause environmental damage exceeding

Therefore, since the Plaintiff cannot be deemed to have legal interest in seeking revocation of the instant disposition, the instant lawsuit is unlawful.

Even if a third party is not the other party to the relevant legal principles, if the interests protected by the law have been infringed due to the relevant administrative disposition, he/she is entitled to be judged by the legitimacy by filing an administrative litigation seeking the cancellation of such disposition.

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