1. The plaintiff's claim is dismissed.

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

Details of the disposition

On September 3, 2018, the Plaintiff filed an application for permission to engage in development activities for the creation of Class I neighborhood living facilities (retail stores and resting restaurants) with respect to the land of 2,759 square meters (hereinafter “instant land”) in Suwon-si, Suwon-si.

(hereinafter referred to as “instant application.” On October 31, 2018, the Defendant rendered a disposition rejecting the instant application pursuant to Article 56 of the National Land Planning and Utilization Act (hereinafter referred to as “National Land Planning Act”) to the Plaintiff on the basis of the result of deliberation by the Suwon City Urban Planning Committee (hereinafter referred to as “instant application”) on October 31, 2018, in order to prevent any disorderly urbanization and preservation of farmland as a green production area for the grouping of farmland, and to prevent any increase in social costs, such as economic feasibility, etc. in establishing the urban planning in the future from a difficult development and long-term perspective, in order to prevent any increase in the designation purpose and characteristics of the relevant area of use, connection with infrastructure (water, sewerage, road, etc.), smooth flow of transit traffic, impact on the display of functions of surrounding farmland, and roadside landscape, etc. based on the location of the building. Therefore, it is reasonable to present an opinion of non-permission of development activities before the formulation of a detailed plan.

(hereinafter referred to as the "disposition in this case"). [Ground of recognition] The defendant did not give an opportunity to submit opinions as provided by Article 22 (3) of the Administrative Procedures Act in rendering the Disposition in this case to the plaintiff's disposition in accordance with the following facts: Gap's evidence Nos. 1, 2, and 5 (including a provisional number; hereinafter the same shall apply), Eul evidence Nos. 1 and 2; Eul evidence No. 1 and 2

The defendant who has avoided the procedure prescribed in Article 63 of the National Land Planning and Utilization Act of substantial defects shall only be subject to internal recommendations that there is a need for the formulation of comprehensive urban planning as a result of deliberation by the urban planning committee in Suwon City, from April 2018 to September 20 of the same year.