logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.12.08 2017구합51024
건축허가처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit, including costs incurred by the defendant's participation, are all assessed against the plaintiff.

Reasons

1. Details of the disposition;

A. On August 19, 2016, the Intervenor filed with the Defendant an application for a building permit (new construction) of the building area of the 5,799.74 square meters above the ground area of the 5,7141.36 square meters above the total floor area of the 5,7141.36 square meters above the 5,799.74 square meters above the building area of the 5,799.74 square meters above the 668,760.5 square meters (hereinafter “instant land”) on the Defendant, Kimpo-si, Kimpo-ro, Kimpo-ro, Kimpo-dong E-dong building (hereinafter “instant building”).

B. Accordingly, on December 12, 2016, the Defendant issued a construction permit (new construction) disposition (hereinafter “instant disposition”) upon the Intervenor’s application for a construction permit pursuant to Article 11 of the Building Act, following a procedure such as the Intervenor’s traffic impact assessment (hereinafter “traffic impact assessment”).

C. Meanwhile, according to Kimpo-si Kimpo-si, the Plaintiff is a corporation with the purpose of promoting the sound development of the Gimpo-si long-term Dong, Yangyang-dong, and the promotion of mutual welfare among its members, as well as the development, management, and operation of joint projects, such as the production and sale of goods in the relevant area, and the development of complex and public facilities for such purposes. The Plaintiff’s commercial complex and the instant land are located far from approximately 11.8km in a straight line.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 6, the purport of the whole pleadings

2. The parties' assertion

A. (1) The Plaintiff’s assertion (1) is not only the access road to the instant land, but also the access road to the Plaintiff’s commercial complex. The Plaintiff and the Intervenor shared the business district in the Ganpo City of Kimpo-si (the claim for sharing the right of access). As such, the Plaintiff is directly affected by the traffic volume caused by the construction of the instant building.

arrow