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(영문) 서울행정법원 2017.01.20 2016구합63194
건축허가신청반려처분취소
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On November 6, 2014, the Plaintiffs filed an application for deliberation on construction for construction works, alteration of the purpose of use, extension, etc. of the instant building, including the acquisition of Eunpyeong-gu Seoul, D ground neighborhood living facilities, and housing (hereinafter “instant building”) with the Defendant around August 28, 2015, by moving the existing indoor parking lot (1st, 25.56 square meters) to the first-class neighborhood living facilities (1st, 25.56 square meters).

On October 16, 2015, the Defendant rejected the Plaintiff’s application for construction review on the ground that the Plaintiff’s relocation of an indoor parking lot falls under the outdoor parking lot site and does not fall under the change of the location of the parking lot, thereby violating Article 19-4(1)1 of the Parking Lot Act.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 4, and 8, the purport of the whole pleadings

2. Whether the disposition of this case is legitimate

A. Fact 1) The building of this case was enforced on July 24, 1990 (hereinafter “Seoul City Ordinance”). The Seoul City Ordinance on the Installation and Management of Parking Lots (hereinafter “Seoul City Ordinance”).

(2) On July 1990, the management ledger of the attached parking lot of the instant building (hereinafter “parking management ledger”) and the management card of the attached parking lot of the instant building (hereinafter “parking lot management card”) around June 2010 entered all the parking lot status into four pages (one side of the indoor parking lot, three pages of the outdoor parking lot). However, on April 2015, the parking lot management card was written as zero pages of the statutory parking number and one side of the planned parking number (one side of the indoor self-stocks).

On April 2015, the Defendant issued to the Plaintiff a copy of the parking lot management card in which the number of pages of the parking lot was indicated as one page, and confirmed the same content as at the time of the Plaintiff’s application for construction deliberation on August 28, 2015.

3. The defendant stores containers at the instant parking lot.

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