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All appeals are dismissed.
Of the costs of appeal, the costs of appeal are assessed against the Defendant joining the Defendant.
Reasons
The grounds of appeal by the Defendant and the Intervenor are examined together.
1. As to the grounds of appeal Nos. 1 and 4
A. (1) Article 2 Subparag. 1 of the former Building Act (amended by Act No. 12246, Jan. 14, 2014; hereinafter the same) provides that “site” means a parcel of land partitioned under the Act on Land Survey, Waterway Survey and Cadastral Records: Provided, That two or more parcels of land or part of one or more parcels of land may be deemed a single site.”
According to delegation, Article 3(2)5 of the former Enforcement Decree of the Building Act (amended by Presidential Decree No. 24874, Nov. 20, 2013; hereinafter the same) provides that “Where a building permit is granted on the condition that a parcel should be subdivided when applying for approval for use pursuant to Article 22 of the Act: the parcel is divided.”
According to the above provisions, an architectural administrative agency may grant a building permit on the condition that part of one or more parcels should be designated as a single site, and that the procedures for division of land shall be completed until the application for approval for use is filed after completing
(hereinafter “Conditional Building Permit for Land Division.” The purport of the said conditional Building permit is to allow the completion of land division procedures, instead of having the land division procedures completed prior to filing an application for a building permit, for the convenience of an applicant for a building permit, after completing the construction work first in accordance with the building permit and filing an application for approval for use.
An administrative disposition is not permissible under the principle of rule of law by attaching objective conditions that are unlikely to be implemented by the other party to the disposition. Thus, the "one or more parcels" shall be deemed a single site in accordance with the building plan of the applicant.