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(영문) 서울행정법원 2019.02.20 2018구합67275

건축허가신청반려처분취소

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On January 31, 2017, the Plaintiffs filed an application for a building permit with the Defendant on January 31, 2017, for the purpose of constructing Class 2 neighborhood living facilities (hereinafter “instant building”) with the size of 1st, 4th, 120.4 square meters of underground floors, 120.4 square meters of the building area, and the total floor area of 496.11 square meters, owned by the Plaintiffs located in Class 2 general residential area (hereinafter “instant site”).

(hereinafter “instant application”). (b)

On March 28, 2017, the Defendant returned the instant application to the Plaintiffs on the ground that “the instant building is subject to the installation of an annexed parking lot as prescribed by Article 19 of the Parking Lot Act, and does not meet the location standards of the facilities among the criteria for exemption from the duty to install an annexed parking lot as prescribed by Article 8(1)1(a) and (b) of the Enforcement Decree of the same Act, and requested the Plaintiffs to supplement the establishment of an annexed parking lot, but the Plaintiffs did not submit the plan

(hereinafter “instant return disposition”). C.

The instant site is a structure that can enter the 6m wide by using the entrance with a width of 2 meters, such as the attached Form 1 drawing.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The main point of the Plaintiff’s assertion is to revoke the instant disposition on the grounds that it is unlawful for the following reasons.

1) In order to construct the instant building on the instant site, which is a Class II neighborhood living facility, the instant annexed parking lots must be established in accordance with Article 6(1) [Attachment 1] of the Enforcement Decree of the Parking Lot Act, in accordance with the “type and installation standards of facilities subject to installation of annexed parking lots”.

According to Article 11(5)1 and 5 of the Enforcement Rule of the Parking Lot Act, an annexed parking lot shall be a self-stocks parking lot with the total number of parking spaces not exceeding eight.