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(영문) 대전고등법원 2017.10.19 2017누10997
건축허가처분취소
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Details of the disposition;

A. The Plaintiff (Appointed Party) and the Appointed Party H, I (hereinafter the Plaintiff (Appointed Party), the Appointed Party H, and I (hereinafter the “Plaintiff,” collectively), are residents of the D main apartment located in Daejeon Seo-gu C, etc. (hereinafter the “instant apartment”).

B. The Defendant issued a new construction permission disposition and a new construction permission disposition (new construction) on April 5, 2012 (hereinafter “new construction permission disposition”) with respect to the Daejeon Seodong-gu B 11,149 square meters (hereinafter “instant land”), as indicated in the following [Attachment], and issued a new construction permission disposition on January 23, 2014 (hereinafter “instant disposition”).

[Attachment: Details of the disposition of the building permit on the ground of this case] The change of the business facilities [business facilities (office 492 rooms)] the business facilities (office 20,460 2/18 2/18 2 2/18 2 2 2/18 2 2 2 2/18 2 2 2 381 2 2 2/18,60, 6/20 312 2 2/381 2 381 2 2/18, 312 492 / 492 / 492 /

C. The Daejeon Metropolitan City Mayor, including the instant land, determined the size of 864,420 square meters as K District Unit Planning Zone (hereinafter “the instant district unit planning zone”). The instant apartment is located in the division indicated as the “main complex site” in attached Form 1 among the instant district unit planning zone, and the instant apartment is located in the part indicated as “B” among the division indicated as the “E complex” in the same drawing.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 4, 5, 6, 11, and the purport of the whole pleadings

2. The Plaintiff’s assertion K non-real estate trust company (hereinafter “K non-real estate trust”) is scheduled to construct and sell residential officetels on the instant land in accordance with the instant disposition. The instant disposition is planned to construct only pure business facilities on the instant land.

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