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(영문) 대구지방법원 2017.03.24 2016구합22850
인가처분무효확인
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 the owner of 222 square meters (hereinafter “instant land”) prior to Daegu-gu, Daegu-gu, and E, F, G, and H (hereinafter “E, etc.”) are co-owners of 569 square meters adjacent to the instant land.

B. On February 4, 2015, E, etc.: (a) filed an application with the Defendant for authorization for an implementation plan of an urban planning facility project (I creation; hereinafter “instant project”); and (b) filed an application with the Defendant for authorization for an implementation plan of an urban planning facility project (hereinafter “instant project”).

C. On February 23, 2015, pursuant to Article 86 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 14 of the Enforcement Rule of the same Act, the Defendant: (a) designated and publicly notified E, etc. as the instant project implementer; (b) published the prior inspection of the instant project implementation plan pursuant to Article 90 of the same Act.

Authorization and announcement of an implementation plan for an urban planning facility project (Certificate 3)

1. Project site: The project site in this case;

2. Type and name of a business: A general restaurant name of a store operated for the second floor above the ground surface of the first floor classified by an urban planning facility project (I) : A construction set back after one meter from the boundary line (L) of a road (L) on the 42th floor above the total floor area of the building area of the site in which the details of the application for authorization of the detailed decision on the classification of convenience and resort facilities (general restaurants, stores) are applied for, and the size of the building site in which the construction is non-exclusive site area, and one meter from the size of the building site in which the construction is non-exclusively implemented, and the total floor area of the building area of the building site is not higher than 76,93

3. The area and scale of the project;

4. Project operator: E, etc.

5. The scheduled date for commencement and completion of the project: The scheduled date for completion of the project: The implementer under Article 2 (Acquisition of Authorization and Permission under Other Acts) of the conditions for authorization on December 30, 2017 shall obtain all authorization and permission under the relevant Acts (the Building Act, etc.) necessary before the project is implemented.

Article 5 (Cancellation of Authorization)

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