1. The instant lawsuit shall be dismissed.

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

Details of the disposition

On June 13, 2014, the Plaintiff filed an application for a building permit with the Defendant on the land outside B and two lots (hereinafter “the instant application site”). On June 20, 2014, the Plaintiff obtained from the Defendant, on June 20, 2014, a building permit of the first class neighborhood living facilities (retail stores), second class neighborhood living facilities of the general steel structure of the second class neighborhood living facilities of the second class neighborhood living facilities (general restaurants) with the building area of 123.34 square meters, total floor area of 123.34 square meters, total floor area of 19.93%, floor area ratio of 38.08%.

On June 15, 2015, the Plaintiff: (a) filed an application with the Defendant for change of the matters requiring permission to change the specific use area of the instant land into “natural green belt area”; and (b) filed an application for change of the matters requiring permission to change the said permitted matters from the Defendant on June 17, 2015 to “a total of 619 square meters, total floor area, 367.20 square meters, 19.7%, building-to-land ratio, 19.7%, and 59.32% of the floor area ratio to the first class neighborhood living facilities (a general restaurant and general restaurant) of the third class neighborhood living facilities (hereinafter “first modified permission”).

On July 30, 2015, the Defendant changed the specific use area and specific use district of the instant application site from “natural green belt area, riverside scenic zone” to “natural green belt, amusement park,” upon receiving the instant application for change, and obtained the instant permission for change by stating the specific use area and specific use district of the instant application area as “natural green belt area, riverside scenic zone” as “natural green belt area, riverside scenic zone,” pursuant to Article 79 of the Building Act (hereinafter “instant disposition”).

However, on August 4, 2015, the Plaintiff filed an application for change of the construction permit with the Defendant during the proceeding of the instant lawsuit, and obtained permission for change from the Defendant to “the second class neighborhood living facilities (general restaurants) of the second class neighborhood living facilities (general restaurants) of the floor area of 122.4 square meters, total floor area of 244.8 square meters, building-to-land ratio of 19.7%, and floor area ratio of 39.5%” (hereinafter “final permission for change”). Accordingly, the Plaintiff completed the said building on October 7, 2015.