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(영문) 수원지방법원 2017.12.13 2017구합64652
건축허가처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The Plaintiff (the name before the opening of the name: D) is the owner of 6,521.6/40 of the 2,000 square meters of the E-road in Gwangju-si (hereinafter “instant road”).

On December 31, 2014, the Defendant rendered a building permit (No. 1, No. 2, No. 1, No. 2, No. 1-1, No. 2, and No. 1-2, and No. 2, and the Plaintiff’s assertion as to the purport of the entire pleadings and determination thereof without the Plaintiff’s consent, which is the co-owner of the instant road, filed an application for the instant building permit with B, and the Defendant knew that there was no consent from the Plaintiff, and even without the Plaintiff’s consent, knew that the instant disposition was null and void. The same is identical to the relevant statutes stated in the relevant Act and subordinate statutes, and the main sentence of Article 4(1)4 of the Building Act, which is to be used on a road (excluding a road).

Article 2 (1) 11 of the Building Act provides that "road means a road of at least four meters wide for pedestrian and motor vehicle traffic, for which a public announcement of new construction or alteration has been made pursuant to the National Land Planning and Utilization Act, the Road Act, the Private Road Act, and other relevant Acts and subordinate statutes, and (2) Any road or any proposed road of which a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor (hereinafter referred to as a "Mayor/Do Governor") or the head of a Si/Gun/Gu (the head of an autonomous Gu) designates and publicly notifies the location at the time of granting a building permit or

‘The content' is defined as ‘the content.

On the other hand, in the administrative litigation seeking confirmation of invalidity of administrative disposition, the administrative disposition is against the plaintiff.

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