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(영문) 청주지방법원 2014.12.11 2014구합10979
건축허가처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiffs co-ownership of a 100.2 square meters wide-gu G road in Cheongju-si (hereinafter “instant private land”), and the instant private land adjoins with the F 203.6 square meters wide-gu Cheongju-si owned by E (hereinafter “instant application for permission”).

B. Article 44(1) of the Building Act provides that “A road adjoining the building site and at least two meters” shall be deemed as “A road adjoining the building site” and that “A” filed an application with the Defendant for permission of development activities to construct a detached house in the instant application site. On November 17, 2010, the Defendant permitted E’s above application.

(hereinafter “instant disposition”). C.

Meanwhile, the instant private land and an application for permission are adjacent to the 153.7 square meters and the 153.7 square meters and the 220.7 square meters owned by the Plaintiff and owned by the Plaintiff, and the said Plaintiffs are building and residing on the land owned by the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 6 through 16, the purport of the whole pleadings

2. The plaintiff's assertion

A. “Road” under Article 2 subparag. 11 of the Building Act refers only to a road publicly announced as a road under the relevant Acts and subordinate statutes or designated by the head of Si/Gun/Gu at the time of a building permit. If a road is designated, the owner of the road is subject to restrictions on the use of land under the Building Act. Thus, even if the private land was actually used as a road, the designation of the private land in this case without the consent of the interested parties should be made invalid because its defect is so serious.

Therefore, so long as the instant private land does not fall under the roads under the Building Act, the instant disposition was conducted even though it did not meet the requirements of “to adjoin a road at least two meters wide from the site of the building” under Article 44(1) of the Building Act.

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