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(영문) 부산고등법원 2015.01.16 2014누21172
건축허가처분취소 등
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1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. Plaintiff A is the owner of a house with 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, and Plaintiff C is the owner of Mbu 982 square meters and its ground.

B. On February 21, 2013, E: (a) filed a building report with the head of Ulsan-do, Ulsan-gun, Ulsan-do, on the construction of two single detached houses with a total floor area of 124.84 square meters on the ground of 626 square meters on the instant housing site area; (b) the head of Ulsan-do, the head of Ulsan-do, the head of Si/Gun (hereinafter “instant housing site”); and (c) on February 21, 2013, the head of Si/Gun accepted the said building report on February 21, 2013.

C. On January 23, 2013, in order to use the instant housing site and access road, E filed an application with the Defendant for approval of the use of the instant land for agricultural infrastructure other than the purpose of agricultural infrastructure with respect to the size of 573 square meters, H road 116 square meters (hereinafter “H land”), one river 40 square meters (hereinafter “I land”), and J river 99 square meters (hereinafter “J land”). G land, 573 square meters, H land, and one land referred to as “the instant land use”).

On February 15, 2013, the Defendant approved the said application (hereinafter “instant disposition”). On February 19, 2013, the Defendant concluded a lease agreement with the term of lease from February 19, 2013 to February 18, 2016, setting the land for use of E and the instant land as KRW 1,759,670 (hereinafter “instant lease agreement”).

The instant housing site and land for the use thereof are adjacent to the housing owned by the Plaintiffs, adjacent to the housing owned by the Plaintiffs, and coming to the south by the parallel direction. Of the said land for the use thereof, some of the G land and H land among the land for the use thereof are located across the direction of the two Koreas between the housing site owned by the Plaintiffs B and C.

(See Attached Form). (e)

On January 7, 1994, the Do governor of the Gyeongnam-do.

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