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(영문) 부산지방법원 2016.07.29 2015구합24285

건축허가신청반려처분취소

Text

1. On July 20, 2015, the Defendant’s disposition of non-permission of construction (new construction) against the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On April 1, 2015, the Plaintiff filed an application with the Defendant for a construction permit to build a Class 2 neighborhood living facility with the size of 4 stories above ground and 40 square meters in total area of 494.16 square meters on the land on the Nam-dong, Nam-dong, Busan (hereinafter “instant land”).

B. The Busan Cultural Heritage Committee (the Busan Cultural Heritage Committee) deliberated on the application for a building permit on the ground that the instant land falls under Zone Three among the cultural heritage protection zones designated for the new line No. 29 of Busan Metropolitan City, and the Defendant, according to the results of deliberation on June 30, 2015, was granted a permit for the alteration of the current state of designated cultural heritage on condition that the building was entirely removed from the front road and provided advice on separation distance, building placement, external appearance, etc.

C. On July 20, 2015, the Defendant notified the Plaintiff of the non-permission of the construction permit in accordance with the policy that limits the development activities (e.g., change of form and form, construction of buildings, etc.) of the relevant project until a comprehensive and specific development plan is formulated, as the Republic of Korea is planned to develop the Mana-Neb Tourist Development Project Act, and the Magna Development Project Act, etc.

(hereinafter “instant disposition”) D.

The Plaintiff filed an administrative appeal on October 12, 2015, but was dismissed on November 24, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 and 7 (including each number; hereinafter the same shall apply), the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion-dong Sea-Sea-Sea-Sea-Paz development projects are unnecessary due to the business operator’s bankruptcy, etc., and the Defendant revoked the approval of a tourist destination creation project around November 2014.

In addition, the development project of the Manpo has been announced publicly by private investors, but it has not been announced publicly until now, and the land in this case was not included in the site of marina or creation project at the time of the disposition in this case.