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(영문) 수원지방법원 2016.01.13 2014구합61768
건축허가신청불허처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On June 9, 2014, the Plaintiffs filed an application with the Defendant for a building permit to construct two Class II neighborhood living facilities and one unit of detached house (hereinafter collectively referred to as the “instant building”) on the ground of the 1,058 square meters (hereinafter “instant land”).

B. On August 20, 2014, the Defendant rejected the Plaintiffs’ above applications on the following grounds (hereinafter “instant disposition”).

【The ground for non-permission】 The land of this case was filed for the purpose of newly constructing one house, one office, and one general restaurant respectively on the land along with the division of land (three lots) and the construction of an access road. Moreover, in order to secure the access road to the land of this case from the infrastructure (road, etc.) to connect the existing infrastructure to the land of this case without a road, the land category was changed to the form and quality of the land of the Ma-gu, Sungnam-nam-si, the land category was changed to an excessive size of the land to the land of this case, and the access road (breadth 6 meters, length extension, 114 meters, area 684 square meters) is to be installed on the part of the access road, and the road is designed to newly build the waterworks and sewerage (oline) on the part of the access road so as not to comply with the detailed criteria for permission or reporting under [Attachment 2] of the Enforcement Decree of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter referred to as the “Development Restriction Zones Act”), and the Enforcement Decree of the Development Restriction Zone Act, Etc.

In addition, the neighboring area of the land of this case is designated as a sports park site in 2020 according to the Basic Urban Planning Law of Seongbuk-gu, Sungnam-si as a neighboring area, and the building of this case and the access road of this case are currently in progress of the urban management planning decision project.

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