1. The Defendant’s provisional disposition against the Plaintiff on July 6, 2015 revoked.

2. The costs of the lawsuit are assessed against the defendant.

1. Details of the disposition;

A. On June 17, 2015, the Plaintiff filed an application for a construction permit with the Defendant on June 17, 2015, to construct apartment houses and officetels with a total floor area of 1, 15 stories underground, 3,323.39§³ (hereinafter “instant building”) on a parcel of 4,19-10 square meters and 456 square meters (hereinafter “instant application site”).

B. On July 6, 2015, the Defendant did not violate the relevant statutory restrictions, such as the Building Act, but on the other hand, on the Plaintiff, on the ground that the application for the instant building permit was located in the Seodae-dong Traditional Alley Market, which is composed of low floor buildings (hereinafter “the instant application”), the Plaintiff rendered a non-permission on the application for the said building permit (hereinafter “instant disposition”) on the ground of the following reasons: (a) there is a tendency to place the instant application in alley market, not in harmony with the surrounding conditions; and (b) there is a tendency to place it in place to foster the Alley market; and (c) there is a concern that neighboring residents’ collective civil petition is likely to occur; and (d) there is considerable concern that the use of vehicles

C. On July 9, 2015, the Plaintiff filed an administrative appeal with the Busan Metropolitan City Administrative Appeals Commission, but was dismissed on August 25, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 8, Eul evidence 1 to 9, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s application for the instant building permit is unlawful in light of the following: (a) there is no violation of the relevant statutory restrictions; (b) there is a compensation for losses to the merchants’ associations and merchants that may incur losses from the construction of the instant building; and (c) there is no significant impact on the surrounding traffic by the construction of the instant building on traffic according to traffic impact assessment; and (d) the instant disposition is unlawful by abusing or abusing discretionary authority.

(b) The construction permit holder shall apply for the relevant laws and regulations, such as the Building Act.