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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On August 26, 2015, the Plaintiff filed a building report (hereinafter “instant report”) with the Defendant on the construction of a detached house (hereinafter “instant land”) in part of a detached house (576m2, building area, 79.56m2, total floor area, 74.25m25m2, 1m2, and 1m2) in Changsi-si, Changsi-si (hereinafter “instant report”).
B. On September 11, 2015, the Defendant notified the Plaintiff that the receipt of the building report is impossible on the following grounds:
(hereinafter “instant disposition”). Under the provisions of Article 1 of the Building Act, matters to be examined on a construction plan, a building should contribute to the promotion of public welfare by improving its safety, function, environment, and aesthetic view; and also, in consideration of the promotion of public welfare following the improvement of the natural environment and aesthetic view surrounding areas, a comprehensive and systematic development plan for the surrounding areas is necessary to prevent disasters and distress development (hereinafter “reasons for Disposition 1”). Matters to be examined for permission for development activities.
A. Pursuant to Article 58(1)5 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), a plan to build infrastructure following development activities or to secure sites necessary therefor should be appropriate; however, the entrance and exit of the site for which an application was filed is likely to be recognized as infrastructure (road) by being planned as a concrete package in a large number of individuals’ private land, and other infrastructure (water and sewerage) and a plan to secure the site in an unbuilt area (hereinafter “instant ground for disposition”).
Article 58 (1) 4 of the National Land Planning and Utilization Act and subparagraph 1 (d) of the Enforcement Decree of the same Act [Attachment Table 1-2] shall be harmonized without damaging the surrounding natural environment and fine view. However, the surrounding areas of the site for application shall include the damage to the landscape and natural environment due to construction of farmland, mountainous districts, and slopes, the development of surrounding areas is anticipated and the feasibility of the site, the appropriateness of infrastructure, the appropriateness of infrastructure, the impact on the environment, the protection of landscapes,