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(영문) 부산지방법원 2016.12.16 2016구합22859
건축허가신청반려처분취소
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. The Plaintiff filed an application for a landscape deliberation to construct business facilities (offices) with the 14th floor above the 1st floor/land below the ground level, the 1,977.61 square meters below the 1st floor below the 1st floor below the 1st floor below the 4th floor below the 4th floor. However, on February 15, 2016, the landscape committee made a resolution on February 15, 2016, on the ground that the traffic of vehicles and pedestrians is planned through a road with a width of less than 4 meters, making it impossible for the Plaintiff to walk and interfere with the pedestrian environment, and therefore, the Plaintiff shall plan a vehicle, parking,

B. On April 15, 2016, the Plaintiff filed an application for construction change with 267 square meters in a site area, 199.7 square meters in a building area, 74.79% in total, 1,448.49 square meters in total, 522.38% in a building area, 23 parking spaces in total, 99.38% in a building area, and 9 stories in a business facility (office) in a size on the ground level

C. On May 12, 2016, the Defendant filed an application for non-permission on the ground that “the site for application is located at a low-rise house, and the area of the building is located on the top of the 1st floor/land and the area of the 9th floor above the ground (2.5m) makes it impossible to drive a vehicle due to the narrow width of the road on the front site (2.5m) due to the narrow width of the road (2.5m). In the event of a construction work, the traffic failure of the residents after the completion of the construction, the traffic failure of the vehicle for the residents, the inconvenience of the residents due to the entry of the vehicle into the vehicle, and the surrounding residents, and there is concern about the hindrance of the pedestrian environment and safety accidents, taking into account the narrow width of the road, the Defendant shall adjust the number of floors to the low-rise floor that does not obstruct the passage of the vehicle

(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1 through 3 (including each number), and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The scope of access roads required by Article 3-3 of the Enforcement Decree of the Building Act, which is at least three meters, is the width of the access roads of this case.

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