1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On April 13, 2017, the Plaintiff filed an application with the Defendant for permission for development activities, permission for mountainous district conversion and reporting, and permission for road occupancy and use, to newly construct Class I neighborhood living facilities (a resting restaurant and multi-family house) with the building area of 149.4 square meters on the second floor above ground and the total floor area of 236.72 square meters on the land (hereinafter “instant application site”).

B. On May 1, 2017, the Defendant rejected the application for the above building permit on the ground that Article 1 of the Building Act is violated as follows:

(1) On March 21, 2012, in order to protect the property and life of residents from forest disasters, a park creation project is completed for the completion of erosion control projects on February 20, 2014, for the provision of a pleasant living environment and resting space for residents. (2) The vicinity of the instant application site is located directly adjacent to C High School and is likely to cause damage to students due to noise, vibration, and scattering dust generation.

3) Also, the above applicant is likely to impair the urban landscape, cause disasters, environmental pollution, etc. at the time of construction with the entry of the entrance of the residents into D, M, M, which is used by the majority of the residents. [The facts that there is no dispute over the grounds for recognition, Gap evidence 1, Eul evidence 1, and

2. Whether the instant disposition is lawful

A. The plaintiff's assertion 1) Even if the work of erosion control and park creation is completed in the vicinity of the application site of this case, there is no specific explanation or objective data about how the plaintiff's construction affects the above project.

Rather, the Defendant issued a building permit to Chigh School near the instant application site.

B. All construction works involve noise, vibration, and scattering dust. The plaintiff is likely to cause such damage, without considering whether the plaintiff has measures to minimize the generation of noise, vibration, dust dust, etc.