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(영문) 대구지방법원 2015.12.22 2015구합22686
건축불허가처분 취소
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 is a company established for the purpose of real estate development business, etc., and on March 13, 2015, the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) to the Defendant.

(2) On the ground of 426-4 square meters (hereinafter “instant application site”) on the ground of 426-4 square meters (hereinafter “instant application site”) located in a planned control area under the Act, an application for a building permit was filed with the purport that an accommodation facility consisting of reinforced concrete building is built (hereinafter “instant application”).

Results of deliberation by the Urban Planning Committee at any time: the Sub-Determination Act - Grouping of accommodation facilities to address social problems in the region.

B. On July 2, 2015, according to the result of deliberation by the Urban Planning Committee at Port, the Defendant returned the instant application to the Plaintiff on July 2, 2015 on the following grounds:

(hereinafter “Disposition of this case”). 【Disposition of this case’s ground for recognition of this case’s existence of no dispute, Gap’s evidence Nos. 1 through 4, Eul’s evidence No. 1-2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion right holder should grant a building permit in principle to the extent that the application does not fall under the grounds for restriction prescribed by the relevant statutes. In full view of the following, the Defendant’s disposition of this case is unlawful, taking account of the following: (a) there is no problem in the relevant statutes in the construction of accommodation facilities in the instant application site; (b) the Defendant’s denial of only the application of this case is a business or new construction of accommodation facilities in the vicinity of the instant application site is against equity; and (c) there is no concern about social problems arising from the grouping of accommodation facilities as the school or

(b) The details of the relevant statutes are as shown in the attached statutes.

(c) Where a person entitled to one building permit permits construction of a building corresponding to an accommodation facility, the use, size or form of the building to be constructed on the site concerned.

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