(영문) 서울고등법원 2018.04.24 2017누79457

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(영문) 서울고등법원 2018.04.24 2017누79457

건축이행강제금부과처분취소

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the judgment of the court of first instance, except for the dismissal or addition of the text of the judgment of the court of first instance as follows. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

On the 4th page of the judgment of the court of first instance, the "21,061,05 square meters" was "21,061,05 square meters" with "21,061,05 square meters" and the "Article 7 subparagraph 1" of the judgment of first instance is "Article 7 (1) 1" and the "17,372,84 square meters" was "17,372.84 square meters" and the "17,372.84 square meters" were "5 square meters" and the following is added to the 3th place below under the 5th page of the judgment of first instance. As the building deliberation standard of Seoul Special Metropolitan City was established on June 1, 2008, the building of this case was constructed in accordance with the Building Ordinance of Seoul Special Metropolitan City, and therefore, it cannot be determined whether the building of the commercial entrance of this case was in violation of the duty to maintain and manage the public open area.

Articles 43(1) and 27-2 of the Building Act provide that public open space shall be “public space such as small-scale resting facilities, etc. securing the general public to use within the scope of not more than 10/100 of the site area for business facilities, etc. which exceed a certain scale.”

However, Article 16(2) of the Seoul Special Metropolitan City Building Deliberation Standards provides that the establishment of a public open area shall be reflected in the establishment of a public open area under Article 16(2) of the same Act, and “a plan shall be planned in connection with the street environment in which the main roads and pedestrian passages are to be prevented and substantially available to the general public, and the road shall be installed, and a plan shall be established in connection with the street environment without holding the passage of the building shall be specified within the scope generally anticipated by reasonable interpretation of the provisions

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