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(영문) 대구지방법원 2019.06.05 2018구합23192
건축허가(신축)신청 불허가 처분 취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. At the time of designation as a development restriction zone, the building management ledger in Daegu Northern-gu B [Road Name Address: Daegu Northern-gu C; hereinafter referred to as the “instant land”) was indicated as “F and Daegu North-gu G” as follows, and each of the following buildings was registered as management number D and E in the building management ledger of the development restriction zone (hereinafter referred to as “instant management ledger”).

Management Number D Management Number E, 40.25 square meters in the G building in the Daegu North-gu, Daegu-gu, Daegu-gu, where ① 40.25 square meters in the beginning-story housing, ② 25.74 square meters in the wooden floor and the single-story housing, ③ 5.25 square meters in the lower-rise housing, ④ 9.24 square meters in the lower-rise housing, ④ 20 square meters in the lower-rise housing, ② 18.2 square meters in the lower-rise housing, ② 18.2 square meters in the lower-rise housing, ③ 9.45 square meters in the lower-rise housing (the Plaintiff’s father).

B. In accordance with Article 16 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), the Defendant paid compensation to the Plaintiff for 1/32 square meters and 1.4 square meters and 1/4 square meters and 1/4 square meters and more of the instant land (hereinafter “the instant Plaintiff”) on February 9, 2017 for the implementation of the I Corporation (hereinafter “instant public project”), and paid compensation to H for 58.4 square meters and 1/4 square meters of the instant land on the ground of the instant land (hereinafter “instant H”).

C. On June 14, 2017, H: (a) a construction permit (new construction application was filed with the Defendant on July 3, 2017) to construct a house on the land owned by H in a development restriction zone pursuant to Article 12(1)1(e) of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Development Restriction Zones Act”) and Article 13(1) [Attachment Table 1] 5(c) of the Enforcement Decree of the same Act.

On February 14, 2018, based on the above paragraph (c) and the same legislation, the Plaintiff also aims to build a new detached house on the ground owned by the Plaintiff in the area of development restriction to the Defendant.

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