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(영문) 부산고등법원 2017.11.08 2017누22589
건축불허가처분취소
Text

1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

Basic Facts

The plaintiffs share the land of 7,143 square meters in Busan-gu G factory site (hereinafter “instant land”).

On June 24, 2016, the Plaintiffs filed an application with the Defendant for building permit with the purport of dividing the instant land into the land of 18 parcels and constructing 18 units of the second floor factory building on each of the above ground (hereinafter “instant factory”) (hereinafter “instant application for building permit”).

On September 13, 2016, the Defendant rejected the application for the instant building permit on the following grounds:

The "disposition of this case" is referred to as the "disposition of this case," and the individual grounds for the disposition of this case are referred to in the sequences Nos. 1, 2, 3.

(3) The road of this case is referred to as "road of this case" as "road of this case, where the construction plan of the site of this case is planned to be 13 meters for the purpose of balanced development of the area and public welfare in consideration of the future development plan, etc. in the area of ideas and ideas, such as the anticipated and J projects (A. 2,600 construction of multi-family housing) in the future, are scheduled to be implemented in the future.

Since it is premised on dividing land that is the front road into several parcels, if the part adjacent to the front road is divided into 11 lots, and if a vehicle for shipping materials and manufacturing goods enters and departs from each parcel, the above front road shall lose the function of "road", so construction plans based on the division of the above parcel are inappropriate. The plaintiffs are dissatisfied with the disposition of this case, and they are in Busan Metropolitan City Administrative Appeals Commission.

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