1. The plaintiff's claim is dismissed.

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

Details of the disposition

On February 24, 2015, the Plaintiff obtained permission from the Defendant for development activities (hereinafter “instant permission for development activities”) from the Defendant to create a Class 1 neighborhood living facilities (retailing stores) and access road site, the location of the Plaintiff as Class 3, D, specific-use area as Class 1 general residential area, the area as Class 1 general residential area, the area as 176 square meters, and the development activities (land form and quality alteration) from the date of permission to February 28, 2016 (hereinafter “instant permission”).

On May 2, 2017, the Defendant issued a disposition to revoke the instant development permit on the ground that “the Plaintiff was engaged in development activities different from the permitted details without obtaining permission for change, and does not complete development activities during the permitted project period” (hereinafter “instant disposition”).

[Grounds] The Plaintiff’s assertion as to the legitimacy of the instant disposition, based on the facts without dispute, Gap’s evidence Nos. 1 and 4-1, and the purport of the entire pleadings, was completed in accordance with the instant permission for development activities. Therefore, the instant disposition revoking the instant permission for development activities solely on the ground that the commencement period was not submitted should be revoked as a deviation or abuse of discretionary power.

It is as shown in the attached Form of the relevant statutes.

Judgment

According to the National Land Planning and Utilization Act (hereinafter referred to as the "National Land Planning Act"), when any change is made to the matters for which permission for development activities for changing the form and quality of land was obtained, permission from the head of a Si/Gun, etc. shall be obtained (Article 56 (2)); when development activities are finished, completion inspection shall be conducted by the head of a Si/Gun, etc.; (Article 62) and when development activities are performed without permission for change or development activities are not completed

(Article 133(1)5 and 5-2). The following circumstances revealed through the details of the above disposition and the statement of the evidence Nos. 2 through 6 (including each number) and the purport of the entire pleadings are collected, this case.