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(영문) 서울고등법원 2020.11.27 2020누39947
건축심의신청반려처분취소
Text

The judgment of the first instance shall be revoked.

On May 10, 2019, the defendant's disposition to reflect the application for construction review filed against the plaintiffs.

Reasons

1. Details of the disposition;

2. The reasons to be stated in this part of the relevant laws and regulations are as stated in the corresponding part of the judgment of the first instance court, in addition to the following parts, and therefore, they shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

Part 2 of the judgment of the first instance court, "the site of this case" in Part 14 of the judgment of the second instance shall be composed of "481m20,000 square meters adjacent to the site of this case and the site of this case".

In addition, “Additional Acts and subordinate statutes” shall be added to this judgment.

3. Whether the instant disposition is lawful

A. 1) The Mayor/Do Governor or the head of a Si/Gun/Gu, upon receiving an application for deliberation by the Building Committee under Article 4-2 of the Building Act, shall present the agenda to the Building Committee. Nevertheless, the instant disposition, which the Defendant rejected the application of this case under Article 4-2 of the Building Act without submitting it to the Building Committee for deliberation, shall be unlawful and revoked. 2) Even if it is objectively apparent that the construction permission cannot be granted for the application of the Building Committee under Article 4-2 of the Building Act, the application of this case by the Plaintiffs may not be presented to the Building Committee, even if it is objectively obvious that the building permission cannot be granted as follows, and thus, the disposition of this case not submitted by the Defendant should be revoked illegally because it does not constitute a ground for changing the sports facility of Gangdong-gu Seoul Metropolitan Government to any other facility for profit-making purposes.

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