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1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party) and the appointed party.
Reasons
1. Details of the disposition;
A. On November 5, 2015, the construction of the Hando Integrated Forest Construction Co., Ltd. (hereinafter “Yelim Construction”) filed an application with the Defendant for deliberation by the Construction Committee for the construction of business facilities and neighborhood living facilities of the size of 4 stories underground, 25 stories above the size of 27,576.43 square meters in the site on the land outside Busan Seo-gu, Busan, Busan, and 3 lots.
B. On December 15, 2015, the Busan Metropolitan City Building Committee has made its review and resolution, and the details of its resolution in the traffic sector are as follows:
1. To examine whether the lane C is modified with one-way passage for the entry direction and the speed of the lane is changed into a pedestrian space;
2. Review of the classification of neighborhood living facilities parking spaces in underground parking lots, and review of the method for solving parking problems, as it is anticipated that many hours for parking in mechanical parking are required due to excessive number of parking spaces;
(c).
The integrated forest construction shall supplement the review resolution of the Busan Metropolitan City Construction Committee and the defendant on September 29, 2016.
On the ground stated in the port, the apartment houses with the total floor area of 22,133.75 square meters on the ground and the total floor area of 26,000 square meters on the ground were applied for reexamination by the Building Committee for new construction of neighborhood living facilities.
1. In order to reduce the C- One-way traffic width by four to five meters on both sides, the re-examination time is to be made after consultation with the National Police Agency in consultation with the installation of a safety zone for both sides in order to make sure of the reports and prevent the reverse dust.
2. Posts shall be installed to prevent the entry of vehicles into nearby neighborhood reports;
On November 4, 2016, the Busan Metropolitan City Building Committee made a conditional resolution on the application for reexamination of comprehensive forest construction, and the conditions related to the traffic sector are as follows:
E. On November 23, 2016, Mountainous General Construction Co., Ltd. (hereinafter “instant building”) on the Defendant’s land size 1,936.7 square meters, building area 1,232.18 square meters, building-to-land ratio 63.62%, total floor area size 22,16.4 square meters, floor area ratio 902.45%, building name D, main purpose multi-family housing (business facilities, 1, and 2 type neighborhood living facilities) (hereinafter “instant building”).