건축허가변경불허처분 취소청구의 소
All of the plaintiff's claims are dismissed.
Litigation costs shall be borne by the plaintiff.
A. On October 17, 2019, upon the Defendant’s request for advice, the Defendant decided not to accept the instant amendment proposal as a result of a deliberation by opening a meeting on October 17, 2019.
G. On November 25, 2019, the Defendant: (a) on November 25, 2019, “in the event of dividing the instant land, there is a problem of equity with the neighboring commercial site; and (b) does not meet the purpose designated as a sports facility site.
“On the ground that this case’s modified proposal was rejected, the decision was made.
H. On April 14, 2020, the Plaintiff asserted to the Defendant that “the instant land was already partitioned by the self-unit planning revision decision on November 9, 2018,” and filed an application for the instant construction permit to newly construct a building as shown below (hereinafter “application for the instant change and new construction”).
After changing the total floor area of each building by H-dong sports facility (g golf practice place) 488 488 m222222, 140 m222, 140 m20 m23,039 m23,039 m23,039 m23,000 m2222, 140 m240 m240 m240 m240 m240 m240 m240 m2, 6840 m240 m2, 140 m240 m20 m24 m233248 m2
I. On April 24, 2020, the Defendant changed the site area and total floor area of the instant construction permit to the Plaintiff on the premise that “the instant application for the change and new construction application was already divided.”