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A. On December 1, 2015, the Plaintiff engaged in civil engineering, building, and housing construction business, and filed an application for deliberation and approval of a project plan with the Defendant (hereinafter “instant application”) pursuant to Articles 15(1) and 18(1)1 of the former Housing Act (amended by Act No. 14476, Dec. 27, 2016; hereinafter the same) to construct one apartment house and one unit, etc. on the ground of 1085-3 and three parcels (hereinafter “instant building land”).

B. On December 2, 2015, the Defendant requested the Plaintiff to supplement the instant application by submitting design documents prepared pursuant to Article 61(1) of the Building Act, etc.

C. On January 22, 2016, the Defendant requested the Busan Metropolitan City Mayor to deliberate upon the instant application. On February 17, 2016, the Defendant submitted a written opinion of prior review stating the grounds, such as “in accordance with the Building Act, Article 60” under Article 61 subparag. 6 of the Building Act, which is the boundary between the neighboring land of the pertinent project and the land of Busan High-dong, Busan High-dong, which is used as a neighboring state of the project site (hereinafter “the instant land”).

On April 29, 2016, Busan Metropolitan City held a deliberation by the Building Committee and held a “Conditional Resolution” on the instant application, and the contents related to this case are as follows:

[Construction Plan] Report on Construction Deliberation Results

2. Lower adjustment of two floors, the number of which is 101; and

[General Matters]

1. This review shall be deliberated on the building plan and shall be reviewed separately at the time of permission.

E. On May 10, 2016, the Plaintiff is subject to a conditional resolution by the said Building Committee.