건축불허가처분취소
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 owns 397 square meters of the land C, 58 square meters of the D site, E forest land, 93 square meters of forest land, 81 square meters of F orchard, 56 square meters of G forest land, and 79 square meters of H land.
B. On June 16, 2017, the Plaintiff filed an application with the Defendant for permission for development activities and an application for water supply, etc. in the form of complex civil petitions in order to construct a Class 1, Class 2 neighborhood living facility and a detached house with a building area of 367.55 square meters, total floor area of 1,411.39 square meters, a total floor area of 1,41.39 square meters, a ground-based four floors (19 meters high) within a total of 764 square meters of the above land area (hereinafter “instant application site”).
C. However, the instant application is located between Jdong and Kdong with I apartment complex of 1,99 households (hereinafter “multi-family housing”) and is in contact with the urban planning road of 15 meters in width (ro 2).
Accordingly, on August 30, 2017, the Defendant rejected the Plaintiff’s application for the construction permit on the following grounds.
(hereinafter “instant disposition”). Grounds for non-permission
A. As a result of consultation with the relevant department (department), in relation to the use of an urban planning road between housing complexes, there is a parking line in front of the instant application site, and the number of parking lines for the use of an urban planning road is opposed to apartment residents, so it should be dealt with after gathering consensus from, and consultation with, residents.
- The above urban planning road constitutes a temporary road and access road under the Housing Act, and the cost of opening access roads at the time of approval for the invitation of occupants was included in the sale price.
In addition, it is expected that the project undertaker opened a road and donated it to the defendant, which is determined to require the consent of the tenant to the extent that it does not interfere with the purpose of the use of apartment residents and commercial buildings.
(b) consulting with the relevant department (water service offices) in connection with the admission of waterworks;