1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff is the owner of the Seosan-gu Seoul Metropolitan City 15 square meters, D road 44 square meters, and E 52 square meters, and the Nonparty B (hereinafter “the Nonparty”) is the owner of the F 46 square meters, and the location of each of the above lands is as follows.

B. On May 19, 2015, the Nonparty: (a) filed a construction report with the Defendant in order to build Class 1 neighborhood living facilities (hereinafter “instant building”) on the land of 46 square meters in Ulsan-gu, Ulsan-gu, Seoul-gu; (b) the Defendant accepted the said report on May 27, 2015; and (c) the Nonparty filed the commencement report on May 16, 2016.

그 후 소외인은 2017. 8. 21.경 건축신고사항에 관한 변경신고[지상1층 ☞ 지상3층(연면적 30.41㎡ ☞ 91.35㎡)]를 하였고, 피고는 2017. 9. 4. 위 신고를 수리하였다

(hereinafter referred to as “instant building report acceptance disposition”). 【No ground for recognition”, 【No ground for recognition, Gap’s Nos. 1, 2, and Eul’s Nos. 1 through 3 (including branch numbers, if any) and the purport of the whole pleadings.

2. According to Article 242 of the Plaintiff’s assertion of the Civil Act, the distance from the boundary of the building should be at least half the distance from the boundary of the building. Thus, the competent administrative agency should accept the building report only when the building design was made at least half the boundary line with the adjoining land. The Defendant accepted the building report even though the Nonparty did not have a distance of 0.5 meters from the boundary line of the land owned by the Plaintiff (in particular, the building report on the building in this case is accepted without any separation of 0.5 meters from the boundary line

Therefore, the acceptance disposition of the building report of this case is illegal.

▣ 민법 제242조(경계선부근의 건축) ① 건물을 축조함에는 특별한 관습이 없으면 경계로부터 반미터 이상의 거리를 두어야 한다.

(2) The owner of adjoining land may request the person who has violated the provisions of the preceding paragraph to alter or remove the building.

However, only damages can be claimed after one year has elapsed since the commencement of construction work or after the construction has been completed.