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(영문) 인천지방법원 2014.08.22 2014구합209
건축허가신청반려처분취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. (1) The content of the district unit planning (1) is that the land located within the Incheon Metropolitan City D Urban Development Project District, which is owned by the Plaintiffs, is located within the district unit planning zone.

(2) The Incheon Metropolitan City, around December 2012, publicly announced and announced the D Urban Development Zone District Unit Planning (hereinafter “instant District Unit Planning”). The instant land, as a site for public facilities, is marked as “State 1” on the drawing, and as a content of the plan, indicated “designated use: limited to an off-road parking lot under Article 2 of the Parking Lot Act: Unauthorized use: Purposes other than the designated purpose: Land-to-land ratio, volume ratio, height, arrangement, and form column.”

B. On October 28, 2013, the Plaintiffs filed an application for building permission with the Defendant to build a new parking-only building with the number of parking spaces of 155 vehicles on the instant land, which is the first and seventh floors above the instant land.

C. On November 13, 2013, the Defendant asked the Incheon Metropolitan City to question whether the building permit for an exclusive parking building can be granted to the instant land. On November 13, 2013, Incheon Metropolitan City presented a reply that “The opinion that an exclusive parking building can be granted even if there is no height, arrangement, shape, color, and building line limit, and the opinion that the exclusive parking building does not comply with the district unit plan,” and on December 3, 2013, the Defendant requested the Plaintiffs to supplement the Plaintiffs on December 3, 2013 to the effect that “the permission for an exclusive parking building is impossible, and the legitimate design drawing is to be shipped.”

(2) The Plaintiffs requested an accurate legal review to Incheon Metropolitan City. On December 31, 2013, Incheon Metropolitan City is the building-to-land ratio, volume ratio, and volume ratio of the Plaintiff, and thus, indicated -. The height, arrangement, form, color, and building line are zero, and thus, the building-to-land ratio and volume ratio are separately limited.

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