1. The plaintiff's claim is dismissed.

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

Details of the disposition

On January 22, 2015, the Defendant, such as permission for temporary buildings related to B, issued a construction permit for a temporary building with the content that the size of the construction is one Dong, 1st floor, building area, 97.36 square meters in total floor area, general steel structure, and construction usage as of January 11, 2018, on the ground of the 413 square meters in Geum-gu Busan Metropolitan City (hereinafter “instant site”), which is within the Class-I general residential area and the urban planning facility (children’s park).

On October 3, 2007, the instant site and its neighboring 1,500 square meters were determined as E-Gun planning facilities as a public notification of Busan Metropolitan City on October 3, 2007, and the park building plan was established as the public notification of the Geumcheon-gu Busan Metropolitan City on June 16, 2013.

On April 3, 2015, the Plaintiff, including the details of permission for the change of a temporary building to the Plaintiff, filed a report with the Defendant on the change of the owner’s name from B to the Plaintiff, and received the report on April 3, 2015. On April 21, 2015, the Plaintiff obtained a permission for the change of the total floor area from the Defendant to 197.19 square meters from the original 97.36 square meters of the content of the construction permission for the temporary building from the original 97.36 square meters. The retention period of the temporary building is not a facility detrimental to the purpose and structure or the urban landscape without a prior approval from the O permitting authority until January 11, 2018

O Even if the duration expires or within the duration, it shall be voluntarily removed without compensation when the permission authority issues an order to remove or restore the original state, and it shall not be subject to any objection or claim for compensation therefor.

If the conditions of permission are not fulfilled, or an order for removal or reinstatement is not complied with, the permission or approval for use of the building shall be revoked, and removal measures shall be taken in accordance with the procedures under the Administrative Vicarious Execution Act.

Article 24 (Permission to Occupy and Use Urban Parks) of the Act onO Urban Parks, Greenbelts, etc. related to Urban Planning Facilities (Children's Park) and Article 22 of the Enforcement Decree of the Act on Temporary Building (Class II neighborhood living facilities-offices, storage facilities, etc.).