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(영문) 대전지방법원 2016.05.11 2015구합2293
건축물용도변경허가신청불가처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a company with the purpose of interim disposal of recyclables.

B. On March 25, 2015, the Plaintiff, a natural green area, divided the size of 3,813 square meters (106 square meters from the 1,001 square meters before Daejeon Daejeon, Daejeon, Daejeon, on March 21, 2014, and became two preceding 895 square meters. On October 27, 2014, the land category was changed, and the said land was combined with the 3 large 69 square meters, D large 1,428 square meters, E large 294 square meters, F large 1,127 square meters; hereinafter “instant land”). The Plaintiff applied for a permit to change the use of a building (hereinafter “instant building”) of 689.68 square meters in total on the ground of a residential facility (retail stores), manufacturing establishments, and waste recycling facilities (hereinafter “waste recycling facilities”), and the Defendant applied for a permit to change the use of the instant land under Article 55 of the Enforcement Decree of the National Land Act (hereinafter “instant land”).

- A - The land in this case shall be subject to deliberation by the urban planning committee in accordance with Article 59 of the National Land Planning and Utilization Act and Article 57 of the Enforcement Decree of the same Act in the event of changing the form and quality of land to construct buildings for

The application of this case is a case where a building constructed for a neighborhood living facility not subject to deliberation by the urban planning committee is changed to a resource circulation-related facility, and is subject to deliberation by the

As a result of deliberation by the Seo-gu Urban Planning Committee of Daejeon Metropolitan City on the instant application, the change of the use of the instant building was treated as inappropriate for urban planning and as inappropriate for site location.

Since the requirements to be resolved by the Urban Planning Committee have not been met, the application in this case shall be rejected.

C. The plaintiff.

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