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(영문) 부산고등법원(창원) 2016.07.13 2016누10148
건축불허가처분 취소
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

1. The reasons for the court's explanation of this case are as stated in the reasons for the judgment of the court of first instance, except for the dismissal of the reasons for the judgment of the court of first instance or an additional determination of the plaintiff's assertion as to the plaintiff's assertion, and thus, they are quoted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act. The part to be used for dismissal

2.(c)

1) The part of subsection (b) (as from 6th to 6th) shall be deleted.

- Judgment of the first instance court

2.(c)

1) The part of paragraph (c)(6) (as set forth below, paragraph 5) of this part of the Plaintiff’s assertion is without merit.

"Ero-friendly".

- Judgment of the first instance court

2.(c)

2) Article 6(1)3 of the Enforcement Decree of the Parking Lot Act (No. 6) provides that the instant criteria are inconsistent with Article 27(1)1 of the Regulations on Standards, etc. for Housing Construction, as seen below, the instant criteria are not based on Article 6(2) of the Enforcement Decree of the Parking Lot Act, but based on Article 6(1)3 of the Enforcement Decree of the Parking Lot Act, which provides that the standards of this case are inconsistent with Article 27(1)1 of the Regulations on Standards, etc. for Housing Construction, and thus, they cannot be applied to the instant disposition on the grounds that the instant criteria are inconsistent with Article 27(1)1 of the Regulations on Standards, etc. for Housing Construction.

Additional Determinations

A. The Plaintiff’s assertion (1) Article 6(2) of the Enforcement Decree of the Parking Lot Act, which is the basis of the former Municipal Ordinance and the current Municipal Ordinance, deems it necessary to efficiently cope with the characteristics, increase, or decrease of demand for parking, pursuant to Article 27(1) of the Regulations on Standards, etc. for Building Construction in Case of officetels among business facilities.

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