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(영문) 수원지방법원 2018.11.28 2018구합65393
건축허가신청반려처분 취소 청구 등의 소
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1. On March 9, 2018, the Defendant’s rejection of an application for deliberation filed by the Building Committee against the Plaintiff, and the application for deliberation by the Landscape Committee.

Reasons

1. Details of the disposition;

A. On February 3, 2017, the Plaintiff filed an application for deliberation by the Building Committee and a request for deliberation by the Landscape Committee for the construction of officetels with the size of 25 stories underground and 25 stories above ground (hereinafter “instant building”) on the land within the land located outside B and one parcel (hereinafter “instant site”) located in the quasi-industrial area to the Defendant on February 3, 2017.

B. On March 3, 2017, the Defendant held a landscape committee. The landscape committee deliberated on the Plaintiff’s construction plan for the instant building, etc., and decided to review on the ground that “the need to formulate a traffic control plan for access, the need to review access roads, traffic flow and parking problems of surrounding roads, Switzerland (to secure an open meeting, and to adjust the height of the instant building),” etc., and the Defendant notified the Plaintiff of the deliberation result as above of the landscape committee on March 9, 2017, and notified the Plaintiff of the submission of a plan for measures according to the above deliberation by March 31, 2017.

C. On March 22, 2017, the Plaintiff submitted to the Defendant a plan to take measures that reflect the results of the foregoing review (the location of the access exit, adjustment of the height of the instant building to 26 and 24 floors, etc.), and applied for a change by holding a joint committee (deliberation of the Landscape Committee and deliberation by the Building Committee). On April 28, 2017, the Defendant held a joint committee for architectural landscape (hereinafter “joint committee”), and the joint committee decided to reject the Plaintiff’s deliberation on the building plan, etc. of the instant building on the ground that “the need for comprehensive review following traffic management, road traffic issues surrounding areas, the need for re-resolution of the Scars, and the need for supplementation of the food of the open vacant area, etc.” The Defendant notified the Plaintiff of the results of the aforementioned deliberation by the Joint Committee on May 4, 2017.

On June 30, 2017, the Plaintiff made a deliberation by the Joint Committee to the Defendant.

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