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(영문) 의정부지방법원 2020.07.16 2019구합14235
건축허가신청 불허가처분 취소청구등
Text

1. The Defendant’s disposition of designating a road on January 2, 2019 as to each land listed in the separate sheet No. 1 shall be revoked.

2. The plaintiff.

Reasons

1. Details of the disposition;

A. 1) The Plaintiff’s land and current status roads, etc. on each of the instant lands owned by the Plaintiff are each land indicated in the separate sheet No. 1, and 74 square meters of land B in Gu, Gu, Si, Dong-si (hereinafter “each of the instant lands”). The individual land shall be

(2) The location of each land of this case is as listed in the separate sheet No. 3.5m in width and approximately 31m in length (18m in C land, 13m in D land) among each land listed in the separate sheet No. 1, and the location of each land of this case is as listed in the separate sheet No. 3.

3) Each of the instant lands is designated as a Class 1 general residential area as stipulated in the National Land Planning and Utilization Act. (B) On March 7, 2017, the Plaintiff filed an application for building permission to construct a reinforced concrete structure apartment (unit housing) on each of the instant lands on the 4th floor and the 1st basements underground (hereinafter “the first application for building permission”). On March 15, 2017, the Defendant requested the Plaintiff to supplement the following matters with respect to the first application for building permission on the 15th, 2017. The current status leading to the application site cannot be closed as the current status used by the large number of neighboring residents. Accordingly, the construction plan was reviewed and submitted on May 22, 2017. The current status, etc. included in the building site was excluded from the site area, and the Plaintiff voluntarily withdrawn the building permission on each of the instant land (the second application for building permission and the second application for building permission on each of the instant floors).

(2) On January 17, 2018, the Defendant requested the Plaintiff to supplement the following matters with respect to the application for the second building permit.

9.To submit to the area laid down as a public sewage culvert after formulating a relocation plan; 10. The current roads leading to the application site shall be used by many neighboring residents.

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