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 February 25, 2010, the Plaintiff completed the registration of ownership transfer on the ground of payment in kind on the same day with respect to the 3, 4, and 5 floors among the 4 underground floors, 5 floors above ground, and the 1,841.35 square meters of the building area (hereinafter “instant building”) located in Jung-gu Busan, Daegu, Busan, and the 957-2, and acquired ownership.
1. An application for change of the use of a building No. 957-2, 957, Jung-gu, South Korea-dong, for shipment from ear company, shall be known to the return for the following reasons:
Roads (Spoo - Spooland - Spochland) leading to a building applying for change of the purpose of use are two-lanes (breadth 6 meters) which are closed-end roads, which are not roads passing through other areas or cities, in particular, the traffic demand is expected to increase rapidly in the event of change of the purpose of use to habitual fixed section, and the traffic congestion is expected in the surrounding area due to the lack of parking spaces.
B. Socially, marina-out box box is likely to be exposed to breaths due to the speculative industry, and there is a high negative perception of local economy, etc., so it is not consistent with the purport of contributing to the promotion of public welfare by improving the safety, function, environment and aesthetic view of buildings as stipulated in Article 1 (Purpose) of the Building Act, and it is not suitable for the development direction of tourist shipping Daegu because it does not fall under the category of tourist business under the Tourism Promotion Act, and the image of the shipping team representing Busan is likely to be damaged.
C. In addition, a building subject to change of use is likely to infringe on the property rights of the entire sectional owners as a result of being used as an exclusive space for the marina office outside the marina office as an aggregate building in which the first floor alone is the co-owned part of the entire sectional owners.