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(영문) 수원지방법원 2018.02.20 2016구합62932
건축허가처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.

Reasons

Details of the disposition

On March 31, 2005, the head of Dong-si (hereinafter referred to as the “head of Si-Gu”) issued a permission for development activities (hereinafter referred to as the “instant permission for development activities”) to create a Class 4,129 square meters (hereinafter referred to as “instant land”) as a site for Class I neighborhood living facilities on the part of the intervenors. “The said permission was imposed on the Plaintiff’s land adjacent to the instant land (hereinafter “instant access road”). On April 3, 2012, the size of the said permission for development activities was changed from 4,129 square meters to 807 square meters, and the head of Si-Gu, the head of Si-Gun/Gu (hereinafter referred to as the “head of Si-Gu”). On April 10, 2012, on the part of the Intervenor, the head of Si-Gu, the head of Si-Gun/Gu did not obtain the instant building report as a substitute for the building area of 862 square meters among the instant land and the instant building construction report (hereinafter referred to as “the instant building construction report”).

For the reason that “the instant refusal disposition” was rendered against the said application for approval for use (No. 2; hereinafter “instant refusal disposition”). On January 20, 2016, the Intervenor filed an administrative appeal seeking revocation of the instant refusal disposition with the Defendant, and the Defendant filed an administrative appeal on March 30, 2016 on the road at least six meters designated and publicly announced as the road around 2005.

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