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(영문) 대전지방법원 2017.07.12 2016구합105205
건축허가처분취소
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Details of the disposition

The Plaintiffs are residents of the L apartment located in Daejeon Seo-gu J, K, etc. (hereinafter referred to as the “instant apartment”).

On June 28, 2016, the Defendant issued to the Intervenor a disposition that permits the construction of officetels (hereinafter “instant officetel”) on the ground (hereinafter “instant disposition”) on the land of Daejeon Seosung-gu I large 4,633m2 (hereinafter “instant land”).

The Daejeon Metropolitan City Mayor, including the instant land, determined the area of 864,420 square meters in the Daejeon Seo-gu, Daejeon as the “N District Unit Planning Zone” (hereinafter “N District Unit Planning Zone”). The instant apartment is located in the division indicated as the “main complex site” in the attached Form 1 among the instant district unit planning zone, and the instant apartment is located in the area indicated as the “commercial complex site” among the sections indicated as the “commercial complex site” in the same drawing.

In fact that there is no dispute (applicable to recognition), Gap evidence Nos. 1 through 5, 12, and Eul evidence No. 1 (including a serial number if any; hereinafter the same shall apply), and most of the forms of the district unit planning zone of this case asserted by the plaintiffs as to the purport of the whole pleadings, "business facilities" are determined for permitted purposes. Although the above business facilities are considered non-residential pure business facilities, the permission of the defendant to construct residential officetels on the land of this case is contrary to the guidelines for the district unit planning and implementation of this case, and it is likely that there is a side effect contrary to the purpose of creating the convention zone due to the construction of officetels due to the disposition of this case, and the disposition of this case violates the principle of trust protection because it is contrary to the existing agreement that the defects will not be newly constructed, and thus, the disposition of this case should be invalidated or revoked because the defect is serious

The damages claimed by the plaintiffs due to the instant disposition of the Defendant and the Intervenor’s defense against the legitimacy of the instant lawsuit are the damages.

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