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(영문) 부산지방법원 2016.11.18 2016구합22248
건축허가처분 무효확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On November 20, 2013, M, the representative of theO, filed an application for deliberation with the Building Committee for the construction of sales facilities of eight stories below ground, the total floor area of 58,036.35 square meters, and facilities for business and cultural assembly on the site on four parcels, other than N, Busan Seo-gu, Busan, and four parcels.

B. On December 17, 2013, the Building Committee under the Defendant-affiliated (hereinafter “Terms and Conditions on Building Approval”) granted conditional approval, and the conditions related to the traffic sector (hereinafter “Terms and Conditions on Building Approval”) are as follows.

In the field of traffic: reflected after the review of the members, ① the location change of the entry lamps and the entry of the vehicle shall be planned at three meters (1.5 lanes, 1.5 lanes) as the alternative submitted at the time of deliberation, to secure the standby bus line and to facilitate the entry of the vehicle. ② The parking lot shall be installed at least five floors underground, and the remaining underground parking lots shall be examined as a mechanical parking lot (which shall be divided into several parts so as not to cause inconvenience in entering the road). ③ The entrance side parking zone shall be reflected after the adjustment of the location of the pole (X14, Y6) and the deletion of the parking zone (hereinafter “instant side road”), ④ one passage on the north side road (hereinafter “instant side road”), the relocation theory, and the passage of the road shall be consulted with the related agencies, and shall be planned so as not to impede the entry of the vehicle. ⑤ If it is possible to obtain the confirmation of the members of the committee, the change of the entrance parking zone and the change of the underground parking lot, the adjacent parking lot shall be purchased to secure the adjacent parking lot.

C. On February 17, 2014, M filed an application for a building permit with the content of 3,859 square meters in a site area, 2,302.57 square meters in a building area, 59.6536 square meters in a total floor area, 59,537.24 square meters in total (for the purpose of calculating the floor area ratio), 35,196.9 square meters in a total floor area, 9,537.24 square meters in total (for the purpose of calculating the floor area ratio), 35,196.9 square meters in a total area, 91.8627 percent in a building name, R, one Dong sales facility (business facilities, cultural assembly facilities), 508 total number of parking spaces (348 units in a self-stocks, 156 units in a mechanical system

In this case, "the above building" is the case.

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