건축위원회 심의신청 반려처분 취소
1. The defendant's rejection disposition against the plaintiff on October 5, 2018 shall be revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. The Plaintiff is an owner of 20,915 square meters of land B in Seo-gu Busan City (hereinafter “instant project site”).
B. On December 2, 2014, the Plaintiff filed an application for a building permit with the Defendant to construct detached houses and multi-household houses, etc. within the instant project site, and received a disposition of non-permission for construction due to reasons, such as conversion of mountainous districts and development activities (land form and quality alteration) and not securing roads with a width of six meters adjacent thereto, in the instant project site around April 22, 2015.
C. On August 30, 2018, in order to promote the business of constructing 9 households of detached houses and multi-family houses 12 households within the instant project site, the Plaintiff filed an application for deliberation with the Building Committee on Road Designation (hereinafter “instant application”) with respect to the following part of the project site in Busan, Seo-gu, Busan, and 13,041 square meters of land owned by the Plaintiff (Korea Asset Management Corporation) in relation to securing roads necessary for building permission, on August 30, 2018, with respect to the instant project site and State forest land owned by the Plaintiff (this part is a dead-end road that includes the part in current status and includes approximately 112 square meters of the said C forest land; hereinafter “instant application”).
B C B
D. On October 5, 2018, the Defendant rejected the Plaintiff’s application on the ground that, in the case of the instant land for which application was filed, designation of a road is impossible through deliberation by the Building Committee because it does not meet the requirements for designation of a road under Article 45(1) of the Building Act and Article 27
(hereinafter “instant disposition”) e.
The plaintiff appealed and filed an administrative appeal, but the Busan Metropolitan City Administrative Appeals Commission dismissed it on February 25, 2019.
[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3 evidence, Gap 5-1, 2-2, and the purport of the whole pleadings
2. Whether the instant disposition is lawful