1. The instant lawsuit shall be dismissed.

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

1. The Plaintiff, the owner of the Plaintiff’s claim, who is the owner of the Plaintiff’s building D. D. 114.8 square meters and the lower-rise building that is adjacent to the front north of the instant site, sought revocation or confirmation on the ground that the Defendant’s construction permission regarding the instant site was rendered to B on June 25, 2013, ① the building site was not adjacent to the road with a width stipulated under the Building Act, ② the number of parking lots stipulated under the Housing Act was not equipped, and ③ the owner of the neighboring building was unlawful by infringing on the right to sunshine and the right to view.

2. A lawsuit seeking revocation or confirmation of invalidity of an illegal administrative disposition with respect to the legitimacy of a lawsuit is a lawsuit seeking restoration to its original state and protect and rescue the rights and interests infringed or interfered with the disposition by excluding any unlawful state arising from the illegal disposition. Thus, revocation or confirmation of invalidity of the illegal disposition shall be made even though

If the right or interest infringed or interfered with is not deemed to be restored by it, there is no benefit to seek the cancellation or nullity confirmation.

(See Supreme Court Decision 91Nu1131 delivered on April 24, 1992, etc.). In the instant case, there is no dispute between the parties that the construction work of a building for which B obtained a building permit from the Defendant (hereinafter “instant building”) was completed at present.

Building permission is merely an administrative disposition that permits a building act, which is generally prohibited for the purpose of building administration, and it does not mean that a building for which building permission was granted, is legitimate under the Building Act, and it does not justify the infringement of the rights of the owner of an adjacent house.

If a building completed after obtaining a building permit violates the Building Act, the permitting authority may issue a corrective order, such as removal of the building (Article 79 of the Building Act), and a person whose rights are infringed by the building shall be the civil procedure.