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(영문) 광주지방법원 2015.07.23 2015구합10049
건축불허가처분취소
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. On November 24, 2014, the Plaintiff filed an application with the Defendant for a building permit (hereinafter “instant application”) to construct a funeral hall of 486 square meters in a building area on the ground of 2,442 square meters (hereinafter “instant application site”) among 2,482 square meters in Jeonnam-gun, Jeonnam-gun, Seoul, and 2,82 square meters (hereinafter “instant application site”).

B. On December 10, 2014, the Defendant did not present an attached Table 11(5)3 of the Building Act, Articles 56, 58(1)4, 58(3) of the National Land Planning and Utilization Act, and Article 56(1) [Attachment Table 1-2] subparag. 1(d)(1), (2), (e)(1), and (3) of the former Enforcement Decree of the National Land Planning and Utilization Act (amended by Presidential Decree No. 26142, Mar. 11, 2015; hereinafter “former Enforcement Decree of the National Land Planning and Utilization Act”); however, the Defendant did not present an attached Table 1-2(d) [Attachment Table 56(1) [Attachment 1-2] of the former Enforcement Decree of the National Land Planning and Utilization Act, and Article 56(1) [Attachment 5] subparag. 1(d) and 56(1) [3) of the former Enforcement Decree of the National Land Planning and Utilization Act as the basis for the National Land Planning and Utilization Act’s Act.

The instant application was rejected on the grounds that the criteria for permission for development activities are not met (hereinafter referred to as the “instant disposition”).

(1) A neighboring road of a planned project site shall be a place where many tourists visit in the middle of a year as an access road to a Do park or a DNA literature museum, and shall risk an accident resulting from an increase in the daily and night traffic volume at the time of installation of a funeral hall.

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