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(영문) 의정부지방법원 2015.04.07 2013구합3295
건축허가승인처분취소
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On July 25, 2012, I filed an application with the Defendant for a building permit that constructs one unit of apartment houses with the size of one underground floor and the fourth floor above ground (hereinafter “instant building”) on the land of 180 square meters in Gyeonggi-gunJ (hereinafter “J”) of Gyeonggi-gun, Gyeonggi-do (hereinafter “J”) in which he owns, and around that time, the Defendant permitted the construction of the instant building (hereinafter “instant building permit disposition”) and thereafter the construction of the instant building began.

B. “OBV” is constructed on the N-ground adjacent to L, which is the site of the instant building. The Plaintiffs are the persons who reside in five above OBD.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including the number of each branch), the purport of the whole pleadings

2. The plaintiffs' assertion

A. According to Article 61(1) of the Building Act and Article 86(1) of the Enforcement Decree of the Building Act, where a building is constructed, a certain distance shall be maintained from the due north boundary line of land in order to secure the right to enjoy sunshine for residents of neighboring land. The instant building violated the standards stipulated in each of the above provisions.

B. According to Article 61(3)8 of the Building Act, in order to obtain a building permit, prior agreement shall be made with the residents of the land in the direction of due north of the building site. I applied for the building permit without prior agreement with the Plaintiffs, who are the residents of the land in the direction of due north of the building site. The Defendant issued the building permit in this case despite the absence of prior agreement.

C. According to Article 61(4) of the Building Act, a two-story or lower distance should be set up, and in fact, a five-story building on the ground was constructed.

A building permit was issued in violation of the limitation on private election stipulated in Article 86 (1) of the Enforcement Decree of the former Building Act.

(e)with respect to the application of control points by applying a dynamic bank of the fifth building, which cannot be the ground surface, to the ground surface;

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