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(영문) 대구지방법원 2021.01.27 2020구합20660
주택건설사업계획승인처분취소
Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of the lawsuit shall include all costs resulting from the participation.

Reasons

1. Details of the disposition;

A. On September 10, 2019, the Intervenor joining the Defendant filed an application with the Defendant for approval of the housing construction plan (hereinafter “instant project plan”) regarding the construction of an apartment complex on the Daegu E-si, Daegu, of a total floor area of 74.96%, total floor area of 145,47.209 square meters (hereinafter “instant building”) as indicated in the table below, on the 56th, Seo-gu, Daegu, a general commercial area, and 56th, 12,393 square meters (hereinafter “the instant application”). The Defendant filed an application with the Defendant for approval of the housing construction plan (hereinafter “instant project plan”) regarding the construction of an apartment complex on the 5th, 55th, 45th, 148 G and 5th, 45th, 148 G and 45th, 145th, 15th, 1465, 25th, 15th, 2564, 25th, 165th,

B. On November 5, 2019, the Defendant approved the instant project plan as stated in the instant application, and publicly notified the approval of the instant project plan and topographical drawings to K in the Daegu Metropolitan City’s notification on November 11, 2019 (hereinafter “instant disposition”).

The plaintiffs are residing in Daegu Seo-gu L Apartment apartment (hereinafter "the apartment of this case"), and the apartment of this case is located at a distance of about 50 meters on the south side of the apartment of this case.

【Fact-finding without a dispute over recognition, Gap evidence Nos. 1, 2, 5, Eul evidence Nos. 4 through 6, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The parties' assertion and the participants in the defendant's assistant asserts that the plaintiffs are not the direct counter-party to the disposition of this case and there is no legal interest in seeking the revocation of the disposition of this case.

As to this, the Plaintiffs suffered from noise, vibration, and dust damage during the construction process for a five-year period due to the instant disposition, and damages to the right to sunshine, view, and privacy which are difficult to recover after completion, and thus, there is a legal interest to seek revocation of the instant disposition.

The argument is asserted.

(b) as shown in the attached Form of the relevant statutes;

(c)

related.

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