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(영문) 부산지방법원 2015.08.27 2015구합326
건축허가신청반려처분취소
Text

1. On December 31, 2014, the Defendant’s disposition of rejecting an application for building permit filed against the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On December 12, 2014, the Plaintiff filed an application with the Defendant for a building permit (hereinafter “instant application”) to construct the medical facilities (general hospital) with the first floor above the ground and the total floor area of 292.03 square meters on the site of 327 square meters (hereinafter “instant application site”) in total of the respective sites of 968, 969, and 972, Busan-dong, Busan-dong, Busan-dong, Busan-dong, which is a site adjacent to the general hospital operated by the Plaintiff.

B. The Defendant determined that the construction line on the design documents submitted by the Plaintiff does not meet the construction line requirements under the proviso of Article 46(1) of the Building Act on the premise that the land located adjacent to the instant application area is a road under the Building Act, which meets the requirements under Article 2(1)11 of the Building Act, which is located in the Busan-do, Busan-dong, Busan-dong, Busan-do, 989 square meters (hereinafter “instant land”). Meanwhile, the Defendant determined that the construction line on the design documents submitted by the Plaintiff does not meet the construction line requirements under the proviso of Article 46(1) of the Building Act, and determined that each site was used as an attached parking lot of a general hospital that had already been located in the Plaintiff, and on December 17, 2014, the Plaintiff demanded the Plaintiff to complete the supplement by December 23, 2014 by giving the following supplementary notice.

(1) Under Article 46 of the Building Act, if the width of a road does not meet the required width under Article 2 (1) 11, its construction line should be the line set at the horizontal distance of 1/2 of the required width from the centerline thereof. ② In the case of a general hospital among medical facilities pursuant to Article 58 of the Building Act, Article 80-2 of the Enforcement Decree of the same Act, and Article 39-2 of the Busan Metropolitan City Building Ordinance, the construction line should be at least three meters from the construction line. Thus, related books after the alteration of the construction plan (hereinafter referred to as “reasons for Disposition 1”) are submitted (hereinafter referred to as the “reasons for Disposition 1”).

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