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(영문) 수원지방법원 2017.08.08 2017구합627
사전입주 이행강제금과 공사중지명령처분취소
Text

1. Of the instant lawsuit, the part of the Defendant’s claim for revocation against the Plaintiff regarding the order to suspend construction works on December 29, 2014.

Reasons

1. Details of the disposition;

A. On August 29, 2014, the Plaintiff obtained a building permit (hereinafter “the instant permit”) for the construction of a detached house with a total floor area of 214.49 square meters on the ground (hereinafter “instant building”) from the Defendant on the land in Seongbuk-gu Seoul Special Metropolitan City, Sung-si. The two distances up to the boundary line of an adjacent site on the design drawings attached to the said building permit (hereinafter “the instant separation distance”) were 50 meters.

B. On December 15, 2014, the Defendant filed a civil petition with the Plaintiff regarding dust, noise, and separation distance of the neighboring site regarding the construction of the instant building, and thus, ordered the Plaintiff to suspend the construction work and to resume the construction after design modification (hereinafter “the first order to suspend the construction of the instant building”) and to notify the Plaintiff of the performance of the same content as of December 22, 2014.

C. Accordingly, the Plaintiff submitted to the Defendant an on-site measure plan stating that the instant building should be 700 meters away from the borderline of the adjacent site, so that it is still 700 meters away from the present, the Plaintiff filed an application for change of the building permit by changing the separation distance of this case to 1m, after completing the modified and supplemented construction for the distance secured after the expiration of the said period.

On December 23, 2014, the Defendant permitted the Plaintiff to apply for change of the above building permit.

(hereinafter referred to as “instant change”). E.

On December 29, 2014 and January 21, 2015, the Defendant notified the Plaintiff of the suspension of construction works within one meter of the boundary of the adjoining site in the same content as the disposition of the first order to suspend construction of the instant case.

(f) The Plaintiff did not secure the separation distance of this case at 1m and completed the construction of this case’s building, and did not obtain approval for the use of this case’s building from the Defendant.

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