1. On August 3, 2018, the Defendant rendered an application for non-permission for an act within a development restriction zone against the Plaintiff.

Details of the disposition

At the time of designation of a development-restricted zone, each of the lands C and D is located within the development-restricted zone, and each of the lands above the above lands was located with blue House 52.8 square meters (hereinafter “the instant house”) and 46.4 square meters for the ice Styp, and each of the above houses was registered as in the building management register for the development-restricted zone.

On December 27, 1994, 46.4 square meters of the above woodhouse 46.4 square meters was permitted to change the purpose of use to a restaurant. Accordingly, the above house, the use of which was changed to a restaurant, was registered as a neighborhood living facility (general restaurant) (hereinafter “instant neighborhood living facility”) with the location of the general building ledger on December 28, 1994 in Namyang-si, Namyang-si. The instant house was separated from the instant neighborhood living facility, and was registered as a house in Namyang-si, Nam-si, the location of which was separate from the instant general building ledger.

The instant housing and the instant neighborhood living facilities were incorporated into a section of “F business” in which the implementation plan was publicly announced by the public announcement of the Namyang-si on July 7, 2010.

G, the owner of the instant housing, transferred the ownership of the instant housing on September 16, 2013 to H Co., Ltd., a project implementer, due to the acquisition of public land through consultation, and obtained a relocation permit from the Defendant on July 16, 2014.

On September 17, 2014, the Plaintiff, the owner of the instant neighborhood living facilities, transferred the ownership of the instant neighborhood living facilities to H Co., Ltd., a project implementer, for the purpose of acquiring public land through consultation. On July 13, 2018, the Plaintiff filed an application (hereinafter “instant application”) for permission for the act of newly constructing Class II neighborhood living facilities on the first ground of Namyang-si, Namyang-si, the Defendant owned.

The grounds for disapproval - The buildings to be removed have been registered (the first owner: J) in the building management ledger of development restriction zones and managed as one unit, but the building is Namyang-si as of December 28, 1994 (the owner: the plaintiff, the use and general restaurant), and the general restaurant.