건축허가처분취소
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
1. Details of the disposition;
A. The Plaintiff (Appointed Party) and the designated parties (hereinafter the Plaintiff (Appointed Party) and the designated parties (hereinafter the “Plaintiffs”) are residents of the D main complex apartment located in Daejeon Pungdong-gu C, etc.
B. The Defendant issued a new construction permission disposition and a new construction permission disposition (new construction) on April 5, 2012 (hereinafter “new construction permission disposition”) with respect to the Daejeon Seodong-gu B 11,149 square meters (hereinafter “instant land”), as indicated in the following [Attachment], and issued a new construction permission disposition on January 23, 2014 (hereinafter “instant disposition”).
[Attachment: Details of the disposition of the building permit on the ground of this case] Business facilities [Attachment 2/18, 6/20 accommodation facilities (tourism hotel (312 room) Co., Ltd.) 70, 460.2381 on January 23, 2014, 2014] Business facilities [Attachment 2/18, 6/20 accommodation facilities (tourism hotel (312 room)] / [Attachment 492 room] Business facilities [Attachment 4, 5, 11 (including the number of each number; hereinafter the same shall apply] / [Recognition 2] / [Attachment 4, 5, 11] / [Attachment 5] / [Attachment 4, 11] / [Attachment 5] / 1
2. The Plaintiff’s assertion not only contravenes the district unit planning decision of the Daejeon Metropolitan City, which is scheduled to construct only pure business facilities on the instant land, but also permits the use of the instant land for a purpose beyond the designated purpose ( hotel site) of the instant land as stipulated by the agreement concluded by Daejeon Metropolitan City, the Smart City Co., Ltd., and the Clurbn Co., Ltd., which was the owner of the instant land, and thus, is unlawful.
3. Whether the lawsuit of this case is legitimate
A. The Defendant’s main defense 1) The Plaintiff’s lack of standing to sue is merely an infringement of the indirect, historical, and economic interests, as a person who did not have any legal interest under the relevant laws and regulations protecting the disposition of this case.