logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.07.25 2019구합22097
사용승인처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Details of the disposition;

A. On March 23, 2016, the Intervenor joining the Defendant (hereinafter referred to as “the Intervenor”) commenced the construction of three multi-household houses (hereinafter collectively referred to as “instant building”) on the ground of 1,643 square meters (hereinafter referred to as “instant land”) from the Defendant, with a construction permit granted from the Defendant, to build three multi-household houses (hereinafter referred to as “instant building”). The said construction was completed thereafter.

B. On April 16, 2019, the Defendant rendered a disposition to approve the use of the instant building against the Intervenor.

(hereinafter “instant disposition”). C.

On the other hand, the Plaintiff purchased the instant land on September 19, 2018 and acquired its ownership.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Judgment on the Defendant’s defense prior to the merits

A. Since there is no legal interest in seeking the revocation of the instant disposition against the Plaintiff, who is the owner of the instant land, the instant lawsuit is unlawful.

B. A lawsuit seeking the cancellation of an illegal administrative disposition on the market is a lawsuit seeking the restoration to its original state by removing an illegal state caused by an illegal disposition and protective measures against the rights and interests infringed or interfered with such disposition, and even if such illegal disposition is revoked,

If reinstatement is impossible, there is no benefit to seek cancellation.

(see, e.g., Supreme Court Decision 91Nu1131, Apr. 24, 1992). Meanwhile, the disposition of pre-use inspection on a building is merely a legal effect that enables a person who obtained permission to use and benefit from the building built by verifying whether the building for which a building permit was granted conforms to the purpose of the building administration and issuing a certificate of pre-use inspection. In a case where a building constructed violates relevant statutes, such as the Building Act, etc., the disposition of pre-use inspection does not justify such violation, and the revocation of the disposition of pre

arrow