건축허가신청불허가 통보처분 취소 청구의 소
1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is the owner of a building listed in the attached list located in an urban traffic improvement district (hereinafter “instant building”).
B. On January 15, 2016, the Plaintiff changed the use of the Class II neighborhood living facilities (responding restaurants) 2,001.19 square meters on the third floor of the instant building to 1,783.893 square meters, and Class I neighborhood living facilities (unuses) 217.297 square meters on the fourth floor, and filed an application for a building permit with the Plaintiff to extend the area of Class I neighborhood living facilities (unuses) 25.893 square meters on the fourth floor by utilizing the height of the third floor (hereinafter “instant application”).
C. On February 5, 2016, the Defendant notified the Plaintiff of non-permission on the ground that the main purpose of the part to change the purpose of use to cultural and assembly facilities (hereinafter “the third floor of the instant building”) is a wedding hall, and the measures for parking and transportation are essential in accordance with the traffic impact assessment under the Urban Traffic Improvement Promotion Act.
(hereinafter referred to as “instant disposition”). . [Grounds for recognition] without dispute; Gap evidence Nos. 1, 2, and 3; Eul evidence Nos. 2 (including serial numbers; hereinafter the same shall apply); the purport of the whole pleadings
2. The Plaintiff’s assertion is holding a variety of meetings or annual meetings based on the operation of a large-scale congested restaurant in the instant building, and the wedding events are only part of them.
Nevertheless, the Defendant concluded that the main use of the third floor of the instant building was a wedding hall, and that the instant disposition was unlawful.
Even if the main purpose of the third floor of the instant building is a wedding hall, if part of the building for complex use completed in the existing stage is changed to any other purpose, it is necessary to determine whether the building is a traffic impact assessment project on the basis of the total floor area of the part, the use of which has been changed to the whole building.
The total floor area of the third floor of the instant building is less than 3,00 square meters based on the total floor area of the wedding hall, which is a traffic impact assessment project.