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(영문) 서울행정법원 2020.11.13 2020구합54821
건축신고 반려 처분취소
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Details of the disposition;

A. On July 16, 2017, the Plaintiffs are co-owners who inherit the Seoul Mapo-gu Seoul Mapo-gu Ground Building (hereinafter “instant building”) from the parent-friendly deceased C (hereinafter “the deceased”).

B. Around February 20, 2006, the Deceased constructed the instant building, and thereafter extended the 4,5 stories to 16 square meters without a construction report in 2007 (hereinafter “unfited portion”), and the Defendant discovered it on January 12, 2010, indicated the building ledger on the building of this case.

C. On August 28, 2014, Seoul Metropolitan Government designated and publicly announced one-dong Seoul Mapo-gu Seoul Metropolitan Government as a rearrangement zone under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

Meanwhile, the Mapo-gu Seoul Metropolitan Government’s “Improvement of the Standards for Permission for Building Acts in Urban Environment Improvement Zones (Urban Planning Division-3915, Apr. 25, 2019)” (hereinafter “instant standards”) (hereinafter “instant standards”) is permitted only to newly construct a building permit in the above improvement zone only to “not more than the second floor above the ground level, not more than 120% below the base rate,” and the extension is to be “permission within the scope of new construction.”

On November 14, 2019, the Plaintiffs filed a building report on the extension of 45.28 square meters (= 20.63 square meters (= 42.11 square meters - 61.48 square meters) 5 square meters (= 60.32 square meters - 35.67 square meters) of the instant building, including the area for unauthorized extension portion, to the Defendant, on the grounds delineated below, but the Defendant returned the Plaintiff’s building report (hereinafter “instant disposition”).

(2) In accordance with Article 52 of the Building Act, interior finishing materials, such as walls, ceiling, roof, etc. of a building, should be installed as materials that do not cause any harm to fire prevention, but it is not possible to confirm whether extended finishing materials are likely to cause harm to fire prevention (in accordance with Article 19(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents).

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