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(영문) 대전지방법원 2017.11.23 2017구합102616
건축허가처분취소
Text

1. All of the instant lawsuits are dismissed.

2. The costs of the lawsuit include the costs incurred by the supplementary participation.

Reasons

1. Details of the disposition;

A. The council of occupants' representatives of Plaintiff A apartment is the council of occupants' representatives of A apartment located in Daejeon-gu K, etc. (hereinafter "the apartment of this case"), and the rest of the plaintiffs are the residents of the apartment of this case.

B. On February 14, 2017, the Defendant rendered a disposition to grant permission for construction of business facilities (officetel 788 rooms) and Class II neighborhood living facilities (general restaurants) on the ground of Daejeon-gu E, F, G, H, I, and J Land (hereinafter “instant land”) (hereinafter “instant disposition”).

C. The Daejeon Metropolitan City Mayor, including the instant land, determined the size of 864,420 square meters as “M district unit planning zone” (hereinafter “instant district unit planning zone”). The instant apartment is located in the division indicated as the “main complex site” in the attached Form 1 among the instant district unit planning zone, and the instant apartment is located in the division indicated as the “commercial complex site” in the same drawing.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6 (including additional number), the purport of the whole pleadings

2. The gist of the plaintiffs' assertion is that the disposition of this case is contrary to the district unit planning decision of the Daejeon Metropolitan City which designed the land of this case as a commercial complex site.

② The instant apartment site located in the instant district unit planning zone refers to the site for the instant apartment site, and business facilities for recommended use in commercial complex refers to non-resident type business facilities for pure office use. An officetel, the instant disposition of which was permitted, is substantially used for residential purpose, and thus contravenes such intent.

③ As an officetel construction is permitted on the land of this case, the residence of residents who already reside in the apartment of this case due to traffic congestion, noise or air pollution increase, etc. due to the increase of residential population.

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