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(영문) 수원지방법원 2018.03.15 2017구합740
건축신고처리통보취소등
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Details of the disposition;

A. On July 19, 2016, the Mine Community Industry Co., Ltd. (hereinafter “Macheon-si Industry”) filed a building report on the instant site (hereinafter “instant building report”) with the head of Dong-si, Dong-si, Seoul with respect to the factory (hereinafter “instant site”) and five other parcels of land (hereinafter “instant site”) for the purpose of use, a planned control area falling under Article 36(1)2(c) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) on July 19, 2016, with the total floor area of 36.84 square meters in total, 36.84 square meters in 5 square meters in 10.53 square meters in 105.0 square meters in 3 square meters in total, 105.00 square meters in 105.60 square meters in total floor area of 39.60 square meters in total, 56.20 square meters in total, 193 square meters in total (hereinafter “instant”).

B. Accordingly, on October 6, 2016, Defendant Leecheon-si, a person entitled to permission for development activities, notified that the instant building report was processed pursuant to Article 14 of the Building Act with Defendant Leecheon-si’s market on September 13, 2016 (hereinafter “instant building report disposition notification”), and thereby, deemed that permission for development activities, which are 9,438 square meters in size for the installation of the instant factory structure, was deemed to have been deemed to have been granted pursuant to Article 11(5)3 and Article 11(1) of the Building Act.

(hereinafter “instant permission for development activities”). C.

The Plaintiffs are residents residing in Echeon-si Dri, the neighboring planned management area of the instant site.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 6, 7, 8, 13, and 14 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. The Defendants’ prior defense 1) is deemed to have received a building report and permission for development activities only on the basis of a report on the construction of mining industry. Thus, both the instant report and the instant permission for development activities are not subject to appeal litigation. 2) The Plaintiffs are not third parties, not the other party to the instant report, and are legally protected.

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