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(영문) 서울행정법원 2014.12.23 2014구합12680

건축허가신청불허가처분취소

Text

1. Non-permission of the application for building permission filed on December 19, 2013 among the main claims and ancillary claims in the instant lawsuit.

Reasons

1. Basic facts

A. On September 7, 1994, the Plaintiff purchased Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government 6,271 square meters and completed the registration of ownership transfer on May 2, 1996. On October 14, 2009 and December 22 of the same year, the Plaintiff divided the said land into C large 2,803 square meters, D large 1,475 square meters, E large 683 square meters, and F large 1,310 square meters.

(E) The land in this case is incorporated into two development restriction zones; hereinafter referred to as "the land in this case" and each land after division is referred to as "the lot number only").

The Plaintiff newly built 2nd floor neighborhood living facilities (total floor area of 744 square meters) on the ground of reinforced concrete structure in D land, and 2nd floor neighborhood living facilities (total floor area of 33.62 square meters) on the ground of reinforced concrete structure on E land, respectively, and obtained approval for use on April 6, 201.

C. In addition, the Plaintiff newly constructed three residential facilities buildings (123.75 square meters in total, 123.75 square meters in total, 23.75 square meters in total, 17.56 square meters in total, 296.65 square meters in total, 296.65 square meters in total, 296.65 square meters in total, 296 square meters in total) with a general wooden structure on the land of C, and newly built a reinforced concrete structure and two-story in general wooden structure on the land of F, and obtained approval for use on November 11, 201.

On December 11, 2012, the Plaintiff extended a building on F land to the Defendant.

The building permit application was filed with a total floor area of 303.24 square meters.

Meanwhile, at the same time, the Plaintiff filed an application for a building permit to extend a building in C’s land to 351.83 square meters.

(hereinafter referred to as “instant application for building permit”. A building permit (including extension) with a total floor space of less than 1,500 square meters within a development-restricted zone may be granted if it does not violate all the provisions of the Development-Restricted Zone Act. However, pursuant to Article 12(4) of the Development-Restricted Zone Act and Article 20(2) of the Enforcement Decree of the Development-Restricted Zone Act, one parcel after dividing it into lots, and the construction of a new building is completed after obtaining a building permit, the site area (C, D, E, and F four lots) is at least 5,00 square meters, and the entire building C, within the site.