The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. The reasoning of the judgment of the court of first instance citing this case is as stated in the reasoning of the judgment of the court of first instance, except for the following determination as to the assertion added by the plaintiff in this court. Thus, this case shall be quoted as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 4

2. Additional determination

A. Article 71 subparag. 14 [Attachment 15] of the Enforcement Decree of the National Land Planning and Utilization Act provides that “The first-class neighborhood living facilities whose total floor area used for the relevant purpose is less than 500 square meters” shall be the buildings that can be constructed within the green conservation area.

The land of this case was changed to the conservation green area.

However, the floor area of the first class neighborhood living facilities that the Plaintiff applied for a building permit is 84.954 square meters, and the defendant's rejection of the application for the building permit in this case is illegal as it is an abuse of discretion.

B. Determination 1) The National Land Planning and Utilization Act (hereinafter “National Land Planning Act”)

Building permits within the specific-use area prescribed by this Ordinance shall have the nature of building permits under Article 11(1) of the Building Act and permission for development activities under Article 56(1) of the National Land Planning and Utilization Act. Criteria for permission for development activities and outline

The issue of whether the requirements are met because there are many parts prescribed as indefinite concepts is within the area of discretionary judgment of administrative agencies.

Therefore, in principle, the judicial review of this case is subject to whether there is deviation or abuse of discretionary power in consideration of the possibility of discretion of the administrative agency on the public interest judgment of the administrative agency, and it is the standard for determination of facts and whether there is a violation of the principle of proportionality and equality.

In relation to permission of an administrative agency for development activities that are likely to cause environmental damage or pollution, the actual use of land by residents in the relevant area is examined.