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(영문) 서울고등법원 2014.08.28 2012누20795
개발행위허가처분취소
Text

1. Revocation of a judgment of the first instance;

2. On January 31, 201, the Defendant committed to B on January 31, 201 with respect to the area of 1,067 square meters and the area of 589 square meters prior to K.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is the Plaintiff’s land size of 553 square meters in Namyang-si, Namyang-si (hereinafter “instant H site”).

(1) The housing of the second floor and its second floor (hereinafter referred to as the “instant housing”).

(2) The instant H site and the instant housing are adjacent to the south of the instant H site and are located in the east of North Korea. 2) The instant H site and the instant housing are located in the east of North Korea, and are located in the west of the direction of North Korea from the notification unit of the opposite direction to the North Korean River to the west of B (name E before the opening of the name) (B was combined with the 1,067 square meters and the 81 square meters prior to I on June 1, 2011 with the 1,067 square meters prior to I on June 1, 2011; hereinafter “the instant I”), ② the 990 square meters prior to J (hereinafter “former J”), ③ the 589 square meters prior to K (hereinafter “former K”).

3) A neighboring each of the above lands, P road 419 square meters and N 746 square meters (hereinafter the above each of the roads is referred to as the “instant road”).

4) The building volume of the road in this case is located in Quju-si, Qu, R Jeon, S Jeon, Twit, U, etc., and the two-story housing units are built on Qudae and U, respectively.

5) Each of the above lands is designated as a planned management area pursuant to Article 36 of the National Land Planning and Utilization Act. (b) Pursuant to Article 8(1) of the former Building Act (wholly amended by Act No. 8974, Mar. 21, 2008) on November 8, 2006, Article 8(1) of the former Building Act (wholly amended by Act No. 8974, Mar. 21, 2008), each of the above lands was designated as a planned management area under Article 36 of the National Land Planning and Utilization Act.

2 L around that time contracted the construction of the said new house to V, and V sets up the first floor to fill up the instant J prior to the instant case.

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