개발행위허가및건축허가신청불허가처분취소
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by the Plaintiff and the Defendant respectively.
1. The reasoning for this court's ruling is as follows: (a) the reasoning for this court's ruling is the same as that for the judgment of the court of first instance other than that for which the court of first instance states under Paragraph (2) below, and thus, it is consistent with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.
2. Parts to be dried;
C. Building permission accompanied by an alteration in the form and quality of land in an urban area as stipulated in the National Land Planning and Utilization Act shall be deemed to have the nature of both a building permit under Article 11(1) of the Building Act and a permit for changing the form and quality of land under Article 56(1)2 of the National Land Planning and Utilization Act. In full view of the provisions of Article 58 of the National Land Planning and Utilization Act and Article 56(1) [Attachment I] of the Enforcement Decree of the same Act, the permission for changing the form and quality of land
If the case is defined as an indefinite concept, the outline of the prohibition
In determining whether a case is a case, the discretionary power is granted to the administrative agency. Therefore, the building permit accompanied by changing the form and quality of the land in the urban area designated by the same law belongs to the discretionary act, and the examination of the abuse of such discretionary power belongs to the discretionary act, and is subject to the determination, such as misconception of facts and violation
(See Supreme Court Decision 2004Du6181 Decided July 14, 2005). Under all circumstances, the review of each of the instant dispositions and the relevant legal principles are to comprehensively determine whether the discretion of each of the instant dispositions is abused or not, based on the review of each of the instant dispositions and the relevant legal principles.
(1) 이 사건 각 처분사유 ②에 관하여 ㈎ 인정사실 ① 이 사건 신청지는 K아파트와 J대학교 부지 사이에 위치하고 있고, 부지의 폭이 5~12미터 정도이며, 이 사건 각 신청지에 들어설 건축물의 좁은 쪽 너비는 A동이 12.85m, B동이 9.88m 남짓이다.
② The purpose of the building A Dong and B is according to the urban planning municipal ordinance of Sungsung City.