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(영문) 부산고등법원 2016.04.29 2015누23373

건축위원회변경심의불가처분취소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. Details of the disposition;

A. The Plaintiffs are those who intend to promote housing construction projects on the plot of land located in Busan Shipping Daegu D Special Metropolitan City (hereinafter “instant plot of land”).

B. On September 28, 2007, the name P&D Co., Ltd. (hereinafter “SAWD”) was a project implementer for constructing multi-family housing with a total floor area of 268,059.05 square meters on the instant land, subject to deliberation by the Busan Metropolitan City Traffic Impact Deliberation Committee. On November 16, 2012, the instant land was deliberated on a conditional approval by the Specialized Committee on Construction Planning in Busan Metropolitan City (hereinafter “Building Committee”) (hereinafter “Building Committee”) with respect to multi-family housing with a total floor area of 4th, 49 floors above the instant land, and a total floor area of 160,060 square meters on the instant land (hereinafter “instant project”).

(hereinafter referred to as “previous construction deliberation”). (c)

Many of the owners of the instant land were unable to properly carry out the instant project after undergoing the previous construction deliberation. In order to carry out the instant project, the Plaintiff was in charge of the alteration of the construction deliberation to the Plaintiffs. On August 12, 2014, the Plaintiffs filed an application for a deliberation on the alteration of the Building Committee with respect to the construction project of multi-family housing with the size of 3 stories underground, 46 stories above ground, 157, 752 square meters below, by partially supplementing and modifying the result of the previous construction deliberation to the Defendant on August 12, 2014 (hereinafter “instant application for deliberation”). However, on August 20, 2014, the Defendant notified the Plaintiffs of the rejection of the deliberation on the alteration of the Building Committee on the following grounds:

(hereinafter “instant disposition”). On November 16, 2012, the application site of the instant project, there was a fact that Mabndi acquired a construction deliberation on November 16, 2012, and constitutes an application for change of a construction deliberation to obtain a right to a construction deliberation from Mabnb. Since this case is not true, it constitutes an application for a new construction deliberation separate from the matters to be deliberated. Accordingly, the application site of this deliberation must comply with the current Act and subordinate statutes, and Article 60(1) of the Building Act is applied for the project.