The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. The Plaintiff is the owner of Gangdong-gu Seoul Metropolitan Government B large 236 square meters (hereinafter “instant land”).

On September 13, 2018, the Plaintiff filed an application for permission to engage in development activities on the adjoining land of this case pursuant to Article 12(1) of the former Act on Special Measures for Designation and Management of Development Restriction Zones (amended by Act No. 16482, Aug. 20, 2019; hereinafter “former Development Restriction Zone Act”).

On October 23, 2018, the Defendant confirmed Gangdong-gu Seoul Metropolitan Government D, which is the mother of the instant land, rejected an application for changing the form and quality of land to install access roads to the instant neighboring land pursuant to Article 13 of the former Enforcement Decree of the Development Restriction Zone Act (amended by Presidential Decree No. 2931, Dec. 4, 2018; hereinafter “former Enforcement Decree of the Development Restriction Zone Act”) on the ground that the building was removed from the time of designation of the development restriction zone, and the owner of the land and the building were the same, and the construction of the building was impossible due to the lack of construction.

(hereinafter referred to as “instant disposition”). [In the absence of dispute], entry of Gap 1, 2, and 13 evidence, entry of the whole pleadings, and entry of the purport of the entire pleadings in the attached Form of the relevant statutes.

The Seoul Gangdong-gu Seoul Metropolitan Government D, the main point of the Plaintiff’s assertion as to the legitimacy of the instant disposition, was the land category since the designation of the development restriction zone, and there were two buildings.

However, there is no evidence that each of the above buildings is identical to the owner of the above D land, and thus, the defendant's disposition of this case which rejected the plaintiff's application for permission for development restriction zone

Facts of recognition

The following facts are recognized according to the purport of Gap evidence 3, Eul evidence 1 to 4, 11 to 14, and the overall purport of video and pleading.

(1) On July 30, 1971, designation of the Gangdong-gu Seoul Metropolitan Government E-Land is subject to development restrictions.