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(영문) 서울행정법원 2019.03.29 2018구합85358
건축심의 부결처분 취소
Text

1. All plaintiffs' lawsuits are dismissed.

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

Reasons

1. Basic facts

A. On September 5, 2017, the Plaintiffs obtained approval from the Defendant for a new business plan that constructs three multi-household houses with a total of 42 households on the Seocho-gu Seoul land (hereinafter “instant building”), and the business entity at the time of obtaining approval for the initial business plan is four persons, including D.

Since then, the project undertaker was changed to Plaintiffs, E, and F.

Since then, as a result of a civil petition and demonstration by neighboring residents opposing the construction of the instant building, the Defendant filed an application for revision of the project plan with the following following several consultations, etc. on February 9, 2018: “The number of households is reduced from 42 households to 38 households, and the number of parking spaces is increased from 22 to 26,” etc. on February 26, 2018, and the Defendant approved the amendment of the project plan on February 26, 2018.

B. On July 4, 2018, the Plaintiffs obtained approval for the use of the instant building from the Defendant.

(c) Subsequent to a person who intends to construct or repair a building prescribed by Presidential Decree to the defendant, the plaintiffs shall file an application for deliberation with the Mayor/Do Governor or the head of a Si/Gun/Gu under Article 4 (hereinafter referred to as the "Building Committee"), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

Pursuant to A, the building committee filed an application for deliberation on the plan for large-scale repair (hereinafter “instant large-scale repair plan”) with respect to which the number of households of the instant building is changed from 38 to 42 households.

The Defendant presented the instant large-scale repair plan to the competent Building Committee as an agenda item, and the Building Committee held a deliberation on October 25, 2018 and rejected the instant agenda on the ground that “The increase of the number of households in the area where the instant building is located after approval for use to a good residential area formed on a low-rise level after approval for use will deteriorate the residential environment in this area.”

E. The Defendant on October 2018

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