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(영문) 광주고등법원 2015.12.10 2015누5602
건축허가신청반려처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

On December 1, 2011, the Gwangju Metropolitan City Mayor: (a) partially amended the first-class district unit plan in the Gwangju Metropolitan City Housing Site Development Zone among the previous urban management plan of Gwangju Metropolitan City; (b) determined and publicly announced the Gwangju Metropolitan City Urban Management Plan (Class 1 district unit plan), which provides that “if a single house site is installed on the first floor of the ground, a single house site shall be permitted to up to four floors” as originally planned without any change, the part of the height plan of the building shall be determined and publicly announced by the Gwangju Metropolitan City.

A multi-household housing (4 households) multi-household housing (4 households), which is a multi-household housing site located in Pungho-dong 829-7 (hereinafter “instant housing site”) around February 2014, in order to construct multi-household housing (6 households) with the parking lot (6 units) for 16.24.24 16.78 on 116.24, 100.44, 100.84, the 1st floor area of the 2nd floor below the 1st floor below the 1st floor below the 1st floor below the 829-7 square meters above the 2nd ground below the 1st floor below the 1st floor below the 1st floor below the 125.84 square meters below the building area, and the 558.54 square meters below the total floor area, the design of the instant building B was delegated to the architect of the A architect office to construct the instant building (hereinafter “the instant building”).

Accordingly, under Article 27 of the Building Act, Article 21 of the Enforcement Rule of the Building Act, and Article 23 of the Building Ordinance of Gwangju Metropolitan City, a certified architect B performed on his/her behalf the field investigation, inspection, and confirmation of the building of this case, and the review of design documents, and on February 7, 2014, prepared a construction permit report and inspection report to the effect that the building of this case conforms to the relevant Acts and subordinate statutes as a whole, such as indicating that “the building of this case is relevant” is appropriate for the district unit plan (hereinafter “instant

The plaintiff shall file an objection with the defendant on the same day, attaching the above building permit report and inspection report, and the design documents prepared by architect B.

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