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(영문) 부산지방법원 2019.11.22 2019구합22768
건축위원회 심의 불가처분 취소
Text

1. The Defendant’s provisional disposition against the Plaintiff on April 8, 2019 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

Details of the disposition

On June 27, 2012, the Plaintiff’s Intervenor recruited a project supervisor as to D development projects (hereinafter “instant development projects”) with the content that the Plaintiff’s Intervenor and the project supervisor jointly invest and establish a company for the construction and operation of D development facilities with permission for the occupation and use of railroad facilities, etc. on a scale of approximately KRW 2,600 square meters in the railway facility site in the Dong-gu Seoul Special Metropolitan City, Busan Special Metropolitan City.

Accordingly, the E and F Co., Ltd. organized a consortium, and applied for the project supervisor as a project supervisor. After which F Co., Ltd. withdraws from the consortium, the Plaintiff’s Intervenor and E Co., Ltd. entered into an agreement on the promotion of the instant development project (amended) on April 22, 2015, while withdrawing from the consortium.

The Plaintiff is a special purpose corporation established for the promotion and operation of the instant development project by jointly investing the Plaintiff’s Intervenor and FF Company in accordance with the above Convention.

The Plaintiff’s application for deliberation by the Building Committee and the Defendant’s non-provisional disposition are newly built of sales facilities of 4 stories below ground, 18 stories above ground, 34,183.76 square meters below total floor area, business facilities (office units, officetels G), and cultural and assembly facilities (hereinafter “instant building”). On March 29, 2019, the Plaintiff filed an application for deliberation by the Building Committee with the Defendant on the instant building.

The relevant site for application shall be constructed with urban planning facilities prescribed by Articles 30 and 43 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”). However, according to the construction plan (draft) applied for deliberation by the Building Committee, the area planned for the use of KRD among total floor area of 34,071.76 square meters is limited to 3,491.5 square meters (10 percent), and most business facilities (offices), cultural and assembly facilities (e.g., weddings), and neighborhood living facilities.

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