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(영문) 광주지방법원 2015.05.07 2014구합11014

건축허가신청반려처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

All buildings constructed in the site for detached houses with a height of not more than four floors (by up to four floors in cases of installing parking lots on the ground floor) in the Gwangju Metropolitan City urban planning municipal ordinance not exceeding 200% of the building-to-land ratio per 60% prior to the amendment of the Seoul Metropolitan City's urban management plan (referring to an amendment) and public announcement, taking into consideration the landscape of the buildings constructed in the site for detached houses, shall be a sloping roof, and the Gwangju Metropolitan City Mayor shall make a decision (referring to a district unit plan of 7 district, such as Gwangju Metropolitan City 1 district unit plan) and public announcement (referring to an amendment) on December 1, 201, the purpose, building-to-land ratio, floor area ratio, height, allocation, form, color, construction line (hereinafter referred to as "instant district unit plan") of a building in the Class I district unit plan of the Gwangju Metropolitan City, among the urban management plan, was amended and publicly announced as follows:

The Plaintiff filed an application for the Plaintiff’s building permit and the Defendant’s 1st 2th 3th 4th 2th 4th 100.44, 125.84.24 116.24 9.78th 116.24 9.78th 116.24, multi-household housing (4 households) multi-household housing (4 households) multi-household housing (4 households) (4 households), owned by the Plaintiff located within the said Pungdong-dong Housing Site Development Zone (hereinafter “instant site”) around February 2014, the Plaintiff entrusted the Plaintiff with the design of the instant building B to the architect of the instant building in order to construct the instant multi-household housing (multi-family housing/class 1 residential facilities; hereinafter “instant building”).

In accordance with Article 23 of the Building Act, Article 21 of the Enforcement Rule of the Building Act, and Article 23 of the Building Ordinance of Gwangju Metropolitan City, the above architect B performed on-site investigation, inspection, and confirmation of the building of this case on his/her behalf, and the review of design documents, and thereafter conducted the instant district unit plan.