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(영문) 서울고등법원 2019.01.04 2018누50828
주택건설사업계획승인신청거부처분 등 취소청구
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Eunpyeong-gu Seoul Metropolitan Government Designation of “C urban renewal acceleration district”, the establishment of district unit planning, and the implementation of environmental impact assessment for B workers 1) the Eunpyeong-gu Seoul Metropolitan Government multi-family housing D block (BL) 24,930.8 square meters (hereinafter “instant land”).

A) Of the “C urban renewal acceleration district” designated by the Special Act for the Promotion of Urban Renewal (Seoul E-gu Seoul, KRW 3,492,567 square meters), the land belonging to the F district was “G site,” which is the original purpose of living in the daily life, but on July 25, 2013, the land was designated as a Class-II general residential area where the number of households is 54, square-type 85 square meters, floor area ratio is below 200%, floor area ratio is below 15 stories, and apartment construction of 15 or less stories may be permitted by the Seoul Special Metropolitan City Mayor’s “decision on the alteration of the C urban renewal acceleration plan and the announcement of topographic drawings” (amended by the Ordinance of the Ministry of Environment, No. 516, Aug. 31, 2015). The purpose of the designation of the content of the plan is multi-family housing, incidental facilities, and non-permission purpose: The floor area ratio is below 60% of the building-to-land ratio is below 15 stories.

Ⅰ. Nature and composition of the Guidelines

6. According to the definition of terms, the term 'brewing axis' means a line open space which is established to enhance the sense of openness in an area where artificial facilities are generally concentrated and it is difficult to secure a certain distance of open sight.

When establishing multi-family housing that can secure landscapes, in consideration of the topography when installing underground parking lots to minimize the damage of old hills, the parking lot upper part and the aspect of the parking lot shall be used, and the construction line of the main construction line in the form of consent, considering the visual and psychological pressure of some open forms, and the aspects of sunshine and view: 2m: Provided, That the urban management planning decision attached to the instant district unit plan shall be referred to as "L" in Eunpyeong-gu Seoul Metropolitan Government.

The building limit limit of the side is.

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