건축불허가처분
1. The Defendant’s provisional disposition of denial of construction against the Plaintiff on March 12, 2018 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. On December 4, 2017, the Plaintiff filed an application for building permission (hereinafter “instant application”) with the Defendant to newly construct a funeral hall of the size of 4,036 square meters in Daegu and four lots (hereinafter “instant application site”) and the total floor area of 783.75 square meters in the building area, 4,890.5 square meters in total, 1st and fourth floors in underground, and the total size of 6 rooms in the place of a branch office (hereinafter “instant funeral hall”).
B. From December 11, 2017 to January 9, 2018, the Defendant issued a pre-announcement of construction permission for 30 days, and received advice from the Construction Committee on February 20, 2018, following deliberation by the Gu Affairs Coordination Committee, on March 9, 2018, issued a disposition rejecting the instant application for the following reasons (hereinafter “instant disposition”). A.
D With the completion of housing site development, traffic demand increase due to the completion of housing site development, and traffic accidents due to the vehicle entering the business area and the vehicle entering the business area and the vehicles on the underground street are expected due to the change of the vehicle vehicle and the funeral car, etc.;
(b)the F Funeral Homes are directly exposed to G Expressway and are located in Daegu B Official Gazette, and are judged to have a negative impact on Daegu B Images;
C. In addition to H, there is strong awareness that a funeral hall is evaded facilities with respect to the funeral hall due to residents’ emotional sentiments living in a clean surrounding environment, such as the creation of I Park, and a residential area with historical culture, and the funeral hall, which is a facility that causes traffic congestion, is located at the beginning of a housing site development zone and a J facility, is inappropriate for site location conditions. Therefore, the funeral hall, which is a facility that causes traffic congestion, is compared and determined by comparing the image, traffic, resident sentiment, locational conditions, etc. due to the construction of the funeral hall of the site in question, and in many respects, the funeral hall is likely to infringe upon residents’ residential life.
C. The statutes related to each disposition of this case are as shown in the attached Form.
【Case No. 1, 2, and No. 1 through 3 are available for recognition.