건축허가신청반려처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On August 24, 2015, the Plaintiff filed an application with the Defendant for a building permit (hereinafter “instant application”) stating that the Plaintiff would construct a detached house (multi-family house-14 households), and a building for Class 12 neighborhood living facilities (hereinafter “instant application”) with the content that “building size: 4 stories above the ground level: 129.08 square meters above the ground level, 129.08 square meters in total area: 621 square meters below the ground level on the land B of Geumcheon-gu Busan (hereinafter “instant land”).
B. The instant land is abutting on the secondary line to the front side of the road, and is linked to a residential parking lot for exclusive use in the size of 13 pages (hereinafter “exclusive parking lot for residential areas in this case”), which is located in the rear side of the road, with a size of 13 pages (hereinafter “exclusive parking lot for residential areas in this case”). The road of the front side is higher than the rear side of the road.
C. On August 28, 2015, the Defendant held a collective council for complex civil petitions, and discussed the result of the deliberation on September 4, 2015, stating that “it is possible to temporarily abolish the entire exclusive parking lot in the instant case during the construction period and determine whether it is possible to install an exclusive residential parking lot in the relevant area at the time of completion of the building.”
On August 28, 2015, the head of the Dong presented his opinion to the Defendant on the closure of the exclusive residential parking lot of this case from October 2015, and such public notice was posted on the exclusive residential parking lot of this case.
E. On September 8, 2015, the Defendant demanded the Plaintiff to supplement the civil petition documents stating “the network for planning an attached parking lot that does not interfere with the use of the existing parking lot for the exclusive use of the residence,” and on November 2, 2015, the Defendant requested the Plaintiff to supplement the civil petition documents stating “the network for submitting the application for occupancy or use permission of the public waters, including the location, size, period, and method of the use of the ditch to examine the eligibility for the occupancy or use permission of the ditch” (II).
F. The Plaintiff filed an application with the Defendant for permission to occupy and use public waters on November 1, 2015, and the second public waters on December 2, 2015.