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(영문) 광주고등법원 2019.09.05 2018누4877
주택건설사업계획승인처분 취소청구의 소
Text

1. Revocation of the first instance judgment.

2. All of the plaintiffs' lawsuits of this case are dismissed.

3. The total cost of the lawsuit.

Reasons

1. Details of the disposition;

A. In accordance with Articles 15 and 19 of the Housing Act, Article 27 of the Enforcement Decree of the Housing Act, and Articles 12 and 13 of the Enforcement Rule of the Housing Act, the Defendant issued a disposition of approval for the housing construction project plan (hereinafter “instant disposition”) with respect to the construction of apartment (hereinafter “instant apartment”) as follows:

1. Project name: C regional housing construction project association;

2. Project undertaker: Intervenor joining the Defendant, Company D;

3. Project outline;

(a) Site location: Gwangju Northern-gu E Institute;

(b) Site area: 48,029 square meters;

(c) Building area: 6,064 square meters;

(d) Total floor area: 108,597.9026 square meters;

(e) Floors / Dong: 2 underground floors, 22-23-23- 15 Dong units;

(f) The number of households: 750 households;

(g) Structure: A reinforced concrete brick structure;

(h) Use: Multi-family housing;

4. Construction period: From June 20, 2017 to October 20, 2019

The Plaintiffs, as the couple, own 64m2, 664m2, which is located in the vicinity of the apartment complex of this case, and Plaintiff B owns 704m2, all of the G, and 658m2, which is located in the H, respectively. (hereinafter “each of the instant lands”).

The Plaintiffs are operating a wooden household manufacturing plant (hereinafter “instant factory”) in the name of Plaintiff A from January 10, 2005 to “I” on the ground of 704 square meters in the name of Plaintiff B, North-gu, Gwangju-gu, Gwangju-gu, Seoul-gu.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Whether the lawsuit of this case is legitimate

A. 1) The parties’ assertion 1) The instant disposition by the Plaintiffs is based on their prior procedures on the housing construction standards, etc. (hereinafter “housing construction standards”).

Although the noise level prescribed in Article 9 is to be measured, it has not been measured properly, and "multi-family housing shall be placed at a place less than 50 meters in a horizontal distance from a factory where noise emission facilities are installed" is unlawful, such as violating Article 9-2 of the Housing Construction Standards.

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