건축허가신청반려처분취소
1. The Defendant’s disposition of rejecting an application for building permit filed against the Plaintiff on August 31, 2015 is revoked.
2. Of the costs of lawsuit.
Details of the disposition
On September 9, 2003, the Song Total Construction Co., Ltd. obtained a construction permit (hereinafter referred to as the “previous construction permit”) for construction of a building on the 22-story above the 5th ground below the use of collective housing and business facilities (the height is 65.3m, the total floor area is 16,626.8mm2, hereinafter referred to as “previous building”) from the Busan Metropolitan City head on the ground of 1,348m2 (the “general commercial area” under the National Land Planning and Utilization Act; hereinafter referred to as the “the site of this case”).
After acquiring the instant application site, etc., on June 2, 2015, the Plaintiff changed the name of the previous building owner to the Plaintiff, and on August 21, 2015, with respect to the previous building permit, on the ground of the instant application site, on August 21, 2015, the Plaintiff is an apartment house, business facility, the five floors underground in the use of neighborhood living facilities, the height of the building on the 23th floor above the ground, the total floor area of 16,705.1m2, and hereinafter “the instant
'Application for the Change of Construction Permits (hereinafter referred to as the "Application for Change of Construction Permits") for the new construction.'
AB made it.
3. Reasons for disposition for return.
A. According to Article 1(1) of the Building Act, the purpose of this Act is to contribute to the promotion of public welfare by prescribing the standards and purposes of the site, structure, and facilities of a building and improving the safety, function, environment, and aesthetic view of the building, and Article 51 of the Enforcement Decree of the Building Act and Article 17 of the Rules on the Standards for Evacuation and Fire-Fighting Structure, Etc. (the instant disposition is stipulated as the “Rules on the Standards for Equipment of Buildings” but it is obvious that it is a clerical error) provide that the dwelling space of multi-family housing shall be installed with windows, etc. or ventilation equipment for the
Nevertheless, it is planned that the string of the 23th floor height of 73.12m above the ground on which a building permit was applied should be separated from about 7m-9m above the adjoining F apartment. This is significant in the mining ventilation function of neighboring F apartment households.