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(영문) 부산고등법원 2017.11.15 2017누22510
건축불허가처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of premise;

A. On November 25, 2016, the Plaintiff completed the registration of transfer of ownership on the land of 1,572 square meters in Gangseo-gu Busan Metropolitan City (hereinafter “instant land”) for sale as of October 4, 2016.

B. On November 30, 2016, the Plaintiff entered into a building design contract with an urban design architect company, and on December 29, 2016, filed an application with the Defendant for a building permit with respect to the instant land as follows.

Site location of site for use in the Gu and lot number B land category of Gangseo-gu Busan Metropolitan Area No. 1 general residential area for Class-I general residential area of Gangseo-gu, Busan Metropolitan City, for the purpose of 9.93% of the total floor area ratio of 657.54m2, total floor area of 658m2, 657.06m2 and 36.48m2, and for the purpose of 9.93% of the building area of 657.54m2, number of buildings and households

C. On January 17, 2017, the Defendant rendered a non-permission disposition on the Plaintiff’s application for the construction permit (hereinafter “instant disposition”) for the following reasons.

The reason for the disposition is that C village, including the above application site, is determined and publicly announced as the "area directly affected by D reclaimed land" as the "area directly affected by D Reclaimed land" according to the development of D Reclaimed land and caused direct and indirect damage in the poor living environment, such as air and malodor for a long time, and many C residents living together wish to move to recent group, and in Busan City, the development plan and group of the relevant area are reviewed in Busan City. At the request of Busan City, the development plan and group of the relevant area are being reviewed. The restriction is imposed on the development activities such as construction of a party, etc. in order to prevent reckless construction during the period of consideration of the designation of development area and collective relocation measures at the request of Busan City, and it is unreasonable to permit the new construction of a multi-family housing in an area, the removal of which is inevitable due to the future development, as an unreasonable administrative act contrary to public interest.

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