1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff owned B large 2,038 square meters (hereinafter “the instant land”) in Bupyeong-si, Seoul Special Measures Act on the Designation and Management of Development-Restricted Areas (hereinafter “Development-Restricted Areas”) and 2 Dong-dong buildings in the building for the second class neighborhood living facilities (hereinafter “the instant land”) located in the area subject to development-restricted areas.

B. On May 23, 2017, the Defendant: (a) executed a project to create green parks near the instant water site; (b) received the registration of ownership transfer from the Plaintiff on the ground of the acquisition of land for public use with respect to the instant water site and the accommodation building; and (c) paid the Plaintiff full compensation therefor on March 10, 2017 and May 29, 2017.

(c)

On the other hand, on December 26, 2019, the Plaintiff filed for registration of the transfer of ownership on the ground of sale with respect to the land for which the instant application was filed with respect to 1,330 square meters and 708 square meters for E, located in a natural green area under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

(d)

On February 14, 2020, the Plaintiff filed an application for permission to engage in activities for the alteration of the form and quality of land as to the instant application site and the construction of a neighboring living facility (such reduction) pursuant to Article 12(1) of the Development Restriction Zone Act (hereinafter “instant application”). E, February 27, 2020, the Defendant rendered a disposition to refuse the instant application to the Plaintiff for the following reasons (hereinafter “instant disposition”). 【Grounds for non-permission】 [Grounds for non-permission]: Not meeting the locational conditions prescribed by statutes:

A. In a case where the form and quality of land is changed within a development restriction zone, such factors as the elevation, gradient, forest condition, height and drainage of neighboring roads, etc., are considered. Thus, within a natural green area pursuant to the Bupyeong City Urban Planning Ordinance (hereinafter “Municipal Ordinance on Urban Planning”).