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(영문) 의정부지방법원 2018.06.12 2017구합11966

건축물용도변경신청불허가처분취소의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

C On May 29, 2012, on the south-si City Mayor planning management area, C filed a construction report to newly build a main building of "D, E, and F site area of 3,191 square meters (after that, each of the above land was a 3,191 square meters away from November 15, 2016; hereinafter referred to as "instant land") related to Dong and plant, 420 square meters, 117.5 square meters for Class II (office), 3 buildings of "one building of a single house of 80.5 square meters", and one annexed building.

On October 16, 2012 after deliberation by the Urban Planning Committee of Namyang-si, Nam-si, Seoul Metropolitan City on September 12, 2012, the Namyang-si Mayor alleged that the Plaintiff did not impose the “requirements for Prohibition of Change of Use and Deliberation by the Urban Planning Committee” upon C at the time of accepting the instant construction report, but comprehensively taking account of the following: (a) the Plaintiff asserted that the Plaintiff did not impose the “Conditions for Deliberation on the Urban Planning Committee on the Prohibition of Change of Use and the Prohibition of Deliberation on the Urban Planning Committee” as a document attached to the “Report on Construction (No. 1)” to the effect that the construction report in this case is accepted, and if it is inevitable to change its use (excluding any change between buildings that may be constructed pursuant to the provisions of Article 57(1)1-2 (c) through (e) of the Enforcement Decree of the National Land Planning and Utilization Act); (b) the condition that the construction report in this case should be accepted; (c) the condition that the construction report in this case should only be implemented.

The plaintiff's assertion is not accepted, since it can be recognized that the facts described as "the facts," as "the facts," as supplementary documents, and "the conditions for deliberation by the Urban Planning Committee" are stated as "the prohibition of change of use and the conditions for deliberation by the Urban Planning Committee.

A building report shall be accompanied by section 14 of the Building Act (hereinafter referred to as "building report of this case").

was accepted.

After that, this case.