주택건설사업계획승인신청반려처분 취소
1. Each of the plaintiffs' claims is dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Basic Facts
On March 30, 2015, the Defendant rendered a decision on the modification of the Ginam-dong 348-1 Won-dong 348-1, and a public notice on the decision on the modification of the Ginam-dong Urban Management Planning (Guinam-dong 3 District Unit Plan) of the same 318-1 Won and on the approval of topographic drawings (Guinam-dong 2015-129).
(A) On November 13, 2015, the Plaintiffs formulated a housing construction project plan for constructing three units of multi-family housing (hereinafter “instant project plan”) with three units of 4,167 units of 54 units of 10,000,000,000 and 338-6 units of 457 units of 54 units of land, which are included in the district unit plan of the Gu-nam District, and filed an application for deliberation by the Building Committee under Article 4-2(1) of the Building Act with the Defendant on February 2, 2016, and the Defendant notified the Plaintiffs that the instant application for deliberation was conditionally passed.
(A) On October 24, 2016, the Plaintiffs filed an application for approval of the instant housing construction project plan with the Defendant (Evidence 3-1, 2, hereinafter “instant application for approval”), and on October 25, 2016, the Defendant notified the Plaintiffs of the following documents: (a) on October 31, 2016, the Plaintiffs submitted evidentiary documents securing the ownership of the housing site under Article 21 of the Housing Act or the right to use the housing site; and (b) the Plaintiff’s housing construction project operator’s registration certificate for the housing construction project under Article 21 of the Housing Act (hereinafter “Plaintiff’s Boh Development”) (Evidence 1); and (c) on November 7, 2016, the Defendant finally notified the Plaintiffs of the following supplementary documents.
(B) On February 21, 2017, the Defendant rendered a disposition rejecting the Plaintiffs’ application for the instant approval on the ground that “The Plaintiffs did not submit supplementary documents (written evidence of the ownership or use right of the site, and the Plaintiff’s certificate of registration of the housing construction business operator for Bob Development) as required by the instant supplementary notification by November 18, 2016” (No. 6).