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(영문) 수원지방법원 2018.07.12 2018구합61865 (1)
건축허가신청 불허가처분 취소
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On November 10, 2014, the Plaintiffs: (a) was divided into a 2596 square meters (1717 square meters in D, Sept. 1, 2016) in Seongbuk-gu, Sungnam-si; (b) on November 10, 2014, the Plaintiff is a 663 square meters in D, as it was divided into a 1054 square meters in E, on November 4, 2016.

() On September 8, 2016, the land category changed to a large scale of 879 square meters, and on November 4, 2016, F large scale of 95 square meters was divided and then C large scale of 784 square meters at present) and G large scale of 786 square meters, an application for a building permit (hereinafter referred to as “application for 2014 square meters”) was filed to construct hazardous material storage and treatment facilities (gas charging stations) on the ground of G large scale of 786 square meters.

(hereinafter) Each land is specified only on the lot number, land category, and land register. The location of each land is “a confirmation map” attached Table 1. On November 26, 2014, the Defendant rendered a disposition of non-permission for construction (new construction) for reasons, such as “non-permission for the occupation and use of ditches, lack of permission, lack of permission for the installation of drainage facilities, lack of permission for development activities, connection roads and lack of facility standards, separation distance, and building construction need not be one site under the Building Act, and it is inappropriate in the deliberation by the School Environmental Sanitation Cleanup Committee of the H High School only when the result of the “cancellation” becomes available.

B. On September 2016, the Plaintiffs filed an application for a construction permit with respect to the construction of a Class 1 neighborhood living facility (retailing stores) with a total floor area of 219.31 square meters on the ground of 1447 square meters of CJ 879 square meters and D 1717 square meters, and received the said permit disposition on October 19, 2016 (hereinafter “retailing store permit disposition”).

In other words, the retail store permission disposition is excluded from the site which was included in the site at the time of application in 2014.

On the other hand, in relation to permission for development activities at the time of retail store permission (land form and quality change), the defendant attached the condition that "shall not change the use of the building in question."

C. Pursuant to Articles 11, 16, 19, and 20(1) of the Building Act on December 4, 2017, the Plaintiffs are divided into F 95 square meters (in cases of land divided into C 879 square meters on November 4, 2016) and E 1717 square meters on November 4, 2016.

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