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(영문) 울산지방법원 2020.05.07 2019구합5919
위반건축물 자진철거 시정명령처분 취소 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiff A, as the owner of the Class II neighborhood living facilities of the second floor of the CDdong ground reinforced concrete structure (framed) and the second floor of the instant building (hereinafter “First Building”), installed solar power generation facilities in the instant building (hereinafter “the first solar power generation facilities”).

B. The Plaintiff B, as the owner of the ED-dong ground reinforced concrete structure (refinite concrete roof), the single-story reinforced concrete structure and its appurtenant reinforced concrete structure (refinite concrete branch, warehouse) single-story housing (hereinafter “instant building 2”), installed solar power generation facilities (hereinafter “instant solar power generation facilities”) in the said building.

C. On November 12, 2018, the Defendant issued a prior notice to the Plaintiffs to the effect that the first solar power generation facilities of this case and the second solar power generation facilities of this case (hereinafter “each solar power generation facilities of this case”) are to be built in violation of Article 14 of the Building Act, and thus, the Defendant is scheduled to impose a corrective order (regradation and reinstatement) and a non-performance penalty.

As to the prior notice of the above disposition, the Plaintiffs presented a written opinion to the Defendant that each solar power generation facility of this case is not subject to reporting under the Building Act. However, on February 11, 2019, the Defendant issued a corrective order to voluntarily remove each solar power generation facility of this case by March 25, 2019 (hereinafter “each of the instant dispositions”) since each of the instant solar power generation facilities is connected to the Plaintiffs on the main building and its physical or functional aspect and exceeds the scope of solar power generation facilities in its purpose of establishment, function, form of use, and structural aspect.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6 through 7 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether each of the dispositions of this case is legitimate

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