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(영문) 서울행정법원 2016.04.22 2015구합67182
공사중지명령 취소청구의 소
Text

1. On February 5, 2016, the Defendant’s disposition to revoke or refuse the discontinuance of construction works against the Plaintiff.

2. The costs of lawsuit shall be individually counted.

Reasons

1. Details of the disposition;

A. On May 9, 2014, Seoul Poppy Hotel Co., Ltd. (hereinafter “Seoul Poppy Hotel”) obtained a construction permit from the Defendant to construct a “B” building (hereinafter “instant building”) with a total floor area of 7,404.304m2 below the fourth floor above the ground from the Defendant on the land D (hereinafter “instant land”). On November 19, 2014, the Plaintiff was awarded a contract with the Seoul Poppy Hotel to construct the instant building and carried out the instant new construction work.

B. The Plaintiff filed a civil petition with the Defendant on the ground that damage, such as rupture, etc., occurred to the instant neighboring house due to the construction of the instant building, following the outbreak of rupture in the inside and outside of the apartment of Seodaemun-gu Seoul Western and the sark 2 (hereinafter “instant neighboring house”) adjacent to the instant land.

C. On June 2015, the Plaintiff received a reply from the Korea Architectural Association (hereinafter “Korea Architectural Association”) to “the instant adjacent housing structural safety diagnosis report following the construction of the instant building,” and submitted it to the Defendant. The details of the said report are as follows.

1) As a result of the examination of the existing ground survey, construction records, and soil erosion design drawings, etc. for the instant building, the ground of the site was found to have been deep distribution of the appearance line of tobacco cancer, unlike the original ground survey report, unlike the original ground survey report, and it was found that slided soil was distributed in the lower part of the instant adjacent house.

In particular, in the design of the soil brea, it is judged that the soil brea has not reflected the characteristics of the soil of the scarbed scarb in the construction of the existing blaps, resulting in a significant impact on the subsidence and change of the neighboring housing of this case during the construction of the soil blap.

B. The time when the ground side measuring instrument of the adjacent housing section of this case was lost.

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