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(영문) 부산고등법원 2017.04.26 2016누23400
공사중지명령 취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons why the court of first instance cited this case is to use the part of "it is impossible to construct the connecting passage of this case, so the disposition of this case is legitimate since it cannot construct the connecting passage of this case" from the last parallel No. 4 to No. 5 of the judgment of the court of first instance. In addition, the plaintiff did not report the construction under Article 14 (1) of the Building Act, but only reported the construction of the structure under Article 83 (1) of the Building Act. The defendant accepted the above building report of the plaintiff, but issued the disposition of this case on the ground that the connecting passage of this case does not constitute a structure. Thus, it is merely the disposition of this case where the building report on the connecting passage of this case is accepted pursuant to Article 14 (1) of the Building Act and the building report on the connecting passage of this case can be deemed to have been granted the building permission, and it is merely a matter not directly related to the illegality of the disposition of this case, and since the decision of the court of first instance as to the contents claimed by the plaintiff in the judgment of this case is cited.

2. Additional matters to be determined;

A. Article 2(1)2 of the Plaintiff’s assertion that “A building” refers to a structure settled on the land, with a roof and columns or walls, and facilities appurtenant thereto, an office, a performance place, a shop, a garage, a garage, or a warehouse installed on an underground or elevated structure, and other facilities prescribed by Presidential Decree.” The term “facilities appurtenant thereto” under the said Article should be deemed to mean the physical settlement in the land itself.

However, the connecting passage of this case is a facility attached to two buildings.

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