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(영문) 서울고등법원 2017.03.17 2016누36552
현상변경등 불허가처분 취소의 소
Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. The plaintiff is the owner of eight lots, such as Gyeongbuk-gun E (hereinafter “the instant application site”) and the F hotel principal office and building on the ground, where there is no dispute over the details of the disposition (based on the recognition of the disposition), and the purport of the entire argument as a whole, including Gap 3, 5, 6, 7 (including branch numbers, if any; hereinafter the same shall apply), Eul 5, 7, 8, 9, and the entire argument.

On January 22, 2009, the Plaintiff obtained a building permit from Sungju-gun to extend the total floor area of the building of the F hotel villa to 2,437.42 square meters in the previous total floor area, to 2,437.42 square meters in the ground, and to extend the two stories above ground to 3 stories above ground (15.7 meters in the ground). ② On June 29, 2010, the Plaintiff obtained a building permit to expand the total floor area of the F hotelhouse building of the previous total floor area to 6,235.12 square meters in the previous total floor area, 1,492.95 square meters in the ground.

On July 5, 2010, the Defendant designated “C” (hereinafter “instant cultural heritage”) located on the ground B located on the Gyeong-gun, Chungcheongnam-gun, Gyeong-do, which was a type of cultural heritage (O), as a State-designated cultural heritage D.

On the other hand, under Article 26-2 (1) 1 of the Ordinance on the Protection of Cultural Heritage from Gyeongbuk-do, part of the areas within 500 meters from the outer boundary of the cultural heritage protection zone of this case was designated as a historic and cultural environment preservation area. On November 3, 2010, the Defendant established and publicly announced the permissible standards for the preservation area of a historical and cultural environment on November 3, 2010. The instant application constitutes a historic and cultural environment preservation area where approximately 331m in straight line from the instant cultural heritage to the outer boundary of the cultural heritage protection zone of this case and approximately 200m in straight line from the outer boundary of

In December 201, the Plaintiff extended the building by expanding the total floor area of 3,547.47 square meters (the total floor area exceeding 1,10.05 square meters exceeding the total floor area permitted for extension) to the building at the height of 20.1 meters (the height exceeding 4.4 meters exceeding the height permitted for extension).

In addition, for the main building, the total floor space is 2,456.

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