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(영문) 대구지방법원 2017.11.15 2017구합21922
건축허가신청반려처분취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On March 2, 2017, the Plaintiffs filed an application with the Defendant on March 2, 2017, the sum of 4,153 square meters (hereinafter “instant application”). 2,289 square meters in Daegu-gu, Daegu-gu, and J land for factory, 1,745 square meters in J land, and 119 square meters in K. (hereinafter “instant application site”).

A) An application for a building permit was filed to construct a motor vehicle management facility (sale site) with a building area of 319.5 square meters or more (hereinafter “instant application”), and the building to be newly constructed accordingly is “the instant building.”

2) 2) On the instant building, seven shops are planned to be operated, and on the design outline of the instant building, one unit is planned to be a parking space of the instant building.

B. Defendant’s supplementary request and the plaintiffs’ response - the need for Set-backedk as the entry route is likely to cause traffic congestion (accident) at an intersection - The need for installation of adequate customer parking spaces through prediction of demand for parking, prediction of traffic volume in the target area, etc. due to the occurrence of illegal parking and the absence of customer parking lots.

1) After the filing of the instant application, the Defendant received a civil petition opposing the construction of the instant building on the ground of aggravation of traffic conditions, etc. from nearby apartment residents, and sought opinions from the traffic department on April 19, 2017, and received the following replies from the traffic department on April 20, 2017. (2) On April 21, 2017, the Defendant requested the Plaintiffs to supplement the instant application, and failed to supplement it accordingly, and on May 10, 2017, requested the Plaintiffs to supplement the instant application.

-Supplementary notice given as follows, in the case of traffic-related opinions arising from the construction of a trading site, such as the installation of a relaxed lane (Set-babk) in accordance with the concerns of traffic congestion in the relevant departments, prediction of illegal stopping and absence of a customer parking lot, prediction of the volume of traffic in the area subject to the project, such as the installation of a proper customer parking lot and the installation of CCTV for parking control;

(a) Reflection of the opinions of the relevant department (traffic department) and submission of a plan for measures;

(b)the neighboring residents;

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