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(영문) 대구지방법원 2017.11.14 2017구합20813
건축(허가사항변경)불허가처분취소
Text

1. On December 30, 2016, the Defendant’s disposition of non-permission to modify the matters of construction permission granted to the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. On December 15, 2015, the Plaintiff obtained, from the Defendant on December 15, 2015, permission for development activities, permission for and consultation on diversion of farmland, and permission for construction of Class I neighborhood living facilities (general restaurants) and Class II neighborhood living facilities (hereinafter “instant building permission”) on the building area of 771.62 square meters, total floor area of 4,084.142 square meters on the south-gu B 1,269 square meters, C 1,523 square meters, and D 1,124 square meters (hereinafter “instant application site”).

B. On March 31, 2016, the Plaintiff filed an application for permission to change the contents of the permission to change the above neighborhood living facilities to the funeral hall of the same area and size.

C. On October 11, 2016, the Plaintiff filed an application with the Defendant for permission to change the matters requiring permission to change the said neighborhood living facilities into the funeral hall of the first floor below 758.75 square meters in building area, the total floor area of 2,408.872 square meters, and the second floor above ground (hereinafter “instant application for change”). D.

On December 30, 2016, the Defendant, after deliberation by the Urban Planning Committee at Port, notified the Plaintiff of non-permission of modification to the construction permit (hereinafter “instant disposition”). A.

1) On the ground of non-permission, the area where the deliberation of the Posito Urban Planning Committee was rejected for the permission of the development activities stipulated in the National Land Planning and Utilization Act, and where the application is surrounded by the neighboring area, which may cause damage to the landscape of the surrounding area, and hamper traffic, and where the preservation of the pleasant and peaceful residential environment of neighboring residents and the educational environment of students is serious for the public interest rather than the private interest of the installation of the funeral hall, the funeral hall for the public interest is recognized by the residents as the suspected facilities or evasion facilities, and the project site is located in the existing apartment (E 448 households, F50 households, etc.) and the apartment (G1,567 households, F50 households, August 2018) in the construction.

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