1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Details of the disposition;

A. On June 2013, the Plaintiff newly constructed a general steel-frame structure (hereinafter “instant building”) with the building area of 198 square meters, total floor area of 320.6 square meters, and height of 7.2 meters above the second floor above the ground under the Protection of Military Bases and Installations Act (hereinafter “Military Bases Act”), and the second class neighborhood living facilities (agricultural machinery repair stores) in the lusium B (hereinafter “instant land”).

B. On February 25, 2016, the Plaintiff filed an application with the Defendant for change of the use of 86.6 square meters of the instant building (a motor vehicle-related facility in Class II neighborhood living facilities) to operate a Sejong General (motor vehicle-related facilities) necessary for the operation of the Agricultural Machinery Repair Store. On March 17, 2016, the Plaintiff requested the Defendant to inform the head of the 10 Aeronautical Flight Authority of the Air Force (hereinafter “the head of the Aeronautical Flight Authority”) of whether he/she consented to the instant application.

Accordingly, on April 8, 2016, the head of the combat flight team notified the Defendant of the decision of disapproval after deliberation by the Military Installations Protection Deliberation Committee (hereinafter “Military Installations Deliberation Committee”). On May 4, 2016, the Defendant rejected the Plaintiff’s application for change of the purpose of use on the ground of the above decision of disapproval.

Although the Plaintiff filed a lawsuit against the Defendant seeking revocation of the revocation of the provisional measure of denial of permission for change of use, the judgment dismissing the Plaintiff’s claim was rendered on May 30, 2017 (Seoul District Court 2016Guhap65610), the Plaintiff appealed, but the judgment dismissing the appeal was rendered on December 13, 2017 (Seoul High Court 2017Nu5370), and the Plaintiff appealed, but on April 12, 2018, the Plaintiff’s appeal was dismissed.

(Supreme Court 2018Du30242). C.

On March 26, 2018, the Plaintiff filed a report on the extension of the instant building (hereinafter “instant report”) with respect to the Defendant, on the same purpose as the instant land, with the content of constructing a general steel-frame building with a height of 84 square meters and a height of 8.6 meters on the same ground.

The Defendant filed the instant report.