2. The costs of lawsuit shall be borne by the Plaintiff.

A. On January 2017, the Plaintiff filed an application with the Defendant for a building permit, an application for a building permit, a permit for development, a request for consultation on diversion of farmland, and an application for a permit to occupy and use a road (hereinafter collectively referred to as the “application of this case”) to newly construct accommodation of 3 stories, 1 stories underground, and building area of 516.89 square meters on the ground of 1,538 square meters (hereinafter referred to as “instant application site”).

B. On January 18, 2017, the Defendant issued a return disposition on the instant application to the Plaintiff on the ground that housing area and elementary school adjacent to the instant application site are inappropriate for accommodation facilities (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, 20 evidence (including branch numbers), the purport of the whole pleadings

2. The Plaintiff’s assertion that housing and elementary school exist around the instant application site cannot be a legitimate ground to deny the new construction of accommodation facilities pursuant to related Acts and subordinate statutes, such as the Building Act and the Educational Environment Protection Act.

In addition, the application and housing in this case are not adjacent, and the nearest housing are scattered.

At least 200 meters away from the place of the application of this case, and the middle area between the application of this case and C elementary school does not seem to have the place of the application of this case at C elementary school.

Therefore, the instant disposition is unlawful because it is an erroneous determination of facts and abused discretion.

3. Whether the instant disposition is lawful

A. In full view of Article 11(1) and (5)3 of the Building Act, Article 56(1)1 and 2, and Article 58(1)4 and (3) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), Article 56(1) [Attachment 1-2] [Attachment 1-2] of the Enforcement Decree of the National Land Planning and Utilization Act, the “standard for permission for development acts” prescribed by the National Land Planning and Utilization Act.