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(영문) 대구지방법원 2016.06.03 2015구합24156
건축허가취소처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On August 12, 2015, the Plaintiff filed an application with the Defendant for permission to construct (use) the main purpose of which is to change the main purpose of the instant building from a wedding hall to a funeral hall, on the grounds that: (a) the Plaintiff was a 53-1 square meter in Nam-gu, Chungcheongnam-do; (b) 53-14 square meter in 53-14; (c) 53-15 square meter in 595; (d) 53-16 square meter in 595; (e) 53-17 square meter in 595; and (e) 53-20 square meters in 53-20 square meters in 590 square meters in Do-dong; and (e) the owner of 53-20 square meters in 790 square meters in Do-dong; and (e) August 12, 2015.

(hereinafter “instant application”). (b)

On August 13, 2015, the Defendant requested 13 relevant ministries, such as the Korea Appraisal Board and the Korea Telecommunication Department chief, to consult and present opinions on the instant application, and received a reply thereto. On September 23, 2015, the Defendant submitted the instant application to the Building Committee as the agenda for deliberation. On October 8, 2015, the Building Committee rejected the instant application.

C. On October 21, 2015, the Defendant rejected the instant application from the Plaintiff on the following grounds:

(hereinafter “instant disposition”). 1. On January 1, 200, it is desirable that the determination of an urban or Gun plan that does not have traffic impact analysis and improvement measures (97.5%) is likely to seriously obstruct the residential environment and the educational environment of nearby residential areas and elementary schools and to cause serious traffic congestion due to the combination of funeral home vehicles in neighboring residential areas due to the alteration of the purpose of the use of the Macarben funeral hall pursuant to Article 5 of the Building Ordinance at Port, and that the conflict between the civil and the private sector is prior to the resolution due to the serious conflict with the determination criteria of a funeral hall under Article 146 of the Building Ordinance, even though there is no traffic impact analysis and improvement measures (97.5%)

2.In a case where the purpose of use of a Macar Convention is changed to a funeral hall, the application area is inappropriate to be the location of a funeral hall because of the transformation of the structure and function of the city would result in the change of the structure and function of the city, the market shall be

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