행위허가(대수선) 신청 반려처분 취소
1. The Defendant’s disposition of rejecting an application for permission of acts (large-scale repair) against the Plaintiffs on July 30, 2019 is revoked.
2...
Details of the disposition
On September 5, 2017, the Plaintiffs obtained approval from the Defendant for a new project plan to build three urban residential housing units (the name of the building: D; hereinafter “instant building”) with a total of 42 households on the ground of Seocho-gu Seoul, Seocho-gu Seoul.
A project undertaker at the time of obtaining the initial project plan is E, F, G and H.
Since then, the business entity (the name of the Plaintiff Company B was "I," but was changed as of July 23, 2018), J and H were changed to the Plaintiffs (the name of the Plaintiff Company B was changed as of July 23, 2018).
Since then, the residents opposed to the construction of the building of this case filed a civil petition with the defendant, and conducted a demonstration in the vicinity of the construction site.
Accordingly, the Plaintiffs had experienced considerable difficulties in carrying out the new construction of the building of this case, following consultation with civil petitioners, etc., and on February 9, 2018, filed an application with the Defendant for revision of the business plan containing “to reduce the number of households from 42 households to 38 households, to increase the number of parking spaces from 22 to 26 units,” etc.
The Defendant approved the amendment of the above business plan on February 26, 2018, and approved the use of the instant building on July 4, 2018.
The plaintiffs, on October 15, 2018, changed the number of households of the building of this case from 38 to 42 households pursuant to Article 4-2 of the Building Act to the defendant on October 15, 2018, the specific contents that changed the number of households of the building of this case from 38 to 42 households are as follows: (i) four households of the building of this case from among the buildings of this case (ii) divided into two households into
(A) No. 13 3 pages) The Building Committee applied for a review on the large-scale repair plan.
The Seocho-gu Building and Landscape Committee deliberated on the above large-scale repair plan on October 25, 2018, and rejected the relevant agenda on the ground that “The additional increase in the number of households after the approval for use is made to the excellent residential area formed on the low-rises in the area where the building of this case is located shall deteriorate the residential environment in this area.”
The defendant on October 30, 2018.