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(영문) 부산지방법원 2015.09.18 2014구합3007

건축위원회변경심의불가처분취소

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1. All of the plaintiffs' claims are dismissed.

2. Application for the supplementary participation of the B-Housing Association, named as the Intervenor joining the Defendant.

Reasons

1. Details of the disposition;

A. The Plaintiffs are those who intend to promote housing construction projects on the plot of land located in Busan Shipping Daegu D Special Metropolitan City (hereinafter “instant plot of land”).

B. On September 28, 2007, the name P&D Co., Ltd. (hereinafter “SAWD”) was a project implementer for constructing multi-family housing with a total floor area of 268,059.05 square meters on the instant land, subject to deliberation by the Busan Metropolitan City Traffic Impact Deliberation Committee. On November 16, 2012, the instant land was deliberated on a conditional approval by the Specialized Committee on Construction Planning in Busan Metropolitan City (hereinafter “Building Committee”) (hereinafter “Building Committee”) with respect to multi-family housing with a total floor area of 4th, 49 floors above the instant land, and a total floor area of 160,060 square meters on the instant land (hereinafter “instant project”).

(hereinafter referred to as “previous construction deliberation”). (c)

The owner of the instant land was unable to properly carry out the instant project after undergoing the previous construction deliberation, and thereafter, the owner of the instant land was in charge of changing the construction deliberation to the Plaintiffs for the purpose of carrying out the instant project. On August 12, 2014, the Plaintiffs filed an application with the Defendant for a deliberation on changing the Building Committee’s construction committee’s construction project with respect to the three floors underground, 46 floors above ground, and the total floor area of 157,752.10 square meters of multi-family housing (hereinafter “application for the construction deliberation of this case”). However, on August 20, 2014, the Defendant notified the Plaintiffs of the lack of the construction committee’s deliberation due to the following reasons.

(hereinafter “instant disposition”). On November 16, 2012, the project application site of the instant case, there was a fact that Mabnb acquired a construction deliberation, and constitutes an application for change of construction deliberation to obtain a right to a construction deliberation from Mabnb. This case does not constitute an application for change of construction deliberation, which is separate from the matters to be deliberated on. Therefore, the matters to be deliberated are in conformity with the current Act and subordinate statutes. Accordingly, the project application site is governed by Article 60(1) of the Building Act.