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. The Plaintiff owned the Jongno-gu Seoul Metropolitan Government B large 99.2 square meters (hereinafter “previous land”) and the 1st floor building on its ground (hereinafter “instant building”).
The previous land was included in the urban redevelopment D zone designated as C by the Urban Redevelopment Act, which was implemented as of November 22, 1979, under the Urban Redevelopment Act, which was implemented as of November 22, 197, and the 90.9 square meters, part of the previous land, was included in D Zone 12 (hereinafter referred to as the “ neighboring improvement zone”) and 8.3 square meters (hereinafter referred to as the “instant land”) as part of the remaining part of D Zone 11 (hereinafter referred to as the “instant improvement zone”).
With the repeal of the Urban Redevelopment Act on October 1, 2003 and the enactment and implementation of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”), each improvement zone is deemed to be an urban environmental improvement zone designated under Article 5(2) of the Addenda to the Urban Improvement Act (Article 6852 and Article 5(2). < Amended by Presidential Decree No. 17818, Dec. 30, 2002>
B. The previous land was divided into 90.9 square meters and the instant land on December 24, 2009 with respect to the previous land due to the implementation of a neighboring improvement project.
On October 25, 2010, the instant building was demolished by GaelpfB Co., Ltd. (hereinafter referred to as “ neighboring project implementer”) that was a project implementer for the urban environment rearrangement project in districts No. 12-16 of Zone D on October 25, 2010.
C. As a result of the implementation of a neighboring improvement project, G buildings, their sites, reports, etc. were constructed on the said F 90.9 square meters.
On November 4, 2016, the Plaintiff submitted to the Defendant an application for permission to build a 1st floor simplified wharf (hereinafter “instant wharf”) with a facility size of 4.69 square meters on the instant land, with respect to the establishment of a 4.69 square meters, on the instant land, the Plaintiff filed an application for permission under Article 5 of the Act on the Maintenance of Urban Areas.
(e).