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(영문) 수원지방법원 2021.01.28 2020구합61899
건축허가 불허가처분 취소
Text

1. The Defendant’s disposition of non-permission on construction permission issued to the Plaintiff on December 23, 2019 is revoked.

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

Reasons

1. Details of the disposition;

A. The Plaintiff and B made up of 1,686 square meters in Gwangju-si, Gwangju-si, located within the development restriction zone (hereinafter each area is located in the same Ri, and the area is specified only once), 609 square meters in the preceding D 1,686 square meters, 610 square meters in the preceding E, 609 square meters in the preceding F, G, 58 square meters in the preceding 58 square meters, 250 square meters in the preceding H (hereinafter “instant land”) and storage of agricultural products in storage (each area is 372 square meters in the same Ri, 304.9 square meters in each area, 193 square meters in a cement block with four cement block, the area of which is 1,029 square meters in the building area, 1,029.29 square meters in each area, and 159.39 square meters in each area.

Each of the 1/2 equity shares is owned in relation to the warehouse of this case (hereinafter referred to as “the warehouse of this case”).

B. On November 26, 2019, the Plaintiff and B filed an application for construction permission, including permission for development, with the Defendant to remodel the instant warehouse into 1,029m24m2, J-dong 342m2, and K 437.4m2, and the total building area of 1,029m24m2, total floor area of 1,029m24m2, and building-to-land ratio of 50.036m2 (hereinafter “instant application”).

As a result, access roads to construction sites (the part indicated in the attached Form 2; hereinafter “the access roads in this case”) on which a request is made for a time limit shall be secured at least 6 meters in width pursuant to Article 2 of the Building Act (hereinafter “the Building Act”) and Article 3-3 of the Enforcement Decree of the same Act, with a dead-end road of at least 35 meters in length. However, if it is impossible to construct the access roads pursuant to Article 14-9 of the former Enforcement Decree of the Act on Special Measures for Designation and Management of Development Restriction Zones (amended by Presidential Decree No. 30425, Feb. 18, 2020; hereinafter “Enforcement Decree of the Development Restriction Zones”) to install access roads pursuant to Article 14-9 of the former Enforcement Decree of the Act on Special Measures for Designation and Management of Development Restriction Zones, the change of the form and quality of land for the installation of access roads shall be limited to the relevant housing or neighborhood living facilities [limited to those to be constructed at the time of designation of the development restriction zone or agricultural products].

On December 23, 2019, the Defendant rendered a disposition to deny the instant application to the Plaintiff and B for the following reasons (hereinafter referred to as the “Plaintiff”).

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