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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 March 19, 2015, the Plaintiff filed a building report on the construction of a detached house with a total floor area of 61.6 square meters, 19.62%, 19.62%, and 95.9 square meters (hereinafter “instant house”) with the building area of 314 square meters (314 square meters, the previous 314 square meters was registered on October 14, 2015, both villages 63-5 forest and fields 314 square meters; hereinafter the same shall apply without distinguishing the same from before and after the division) if Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul, Cheong-gu, a total area of which is 9,020 square meters.
B. On July 7, 2015, the Defendant accepted the foregoing building report, and issued the Plaintiff the commencement report certificate on July 16, 2015 upon the Plaintiff’s commencement report.
C. However, both the forest land of this case are designated as a natural green area among urban areas, and among them, the housing of this case is newly built within the area of 164 square meters on board (hereinafter referred to as the “area of 150 square meters on board”) that connects each point in the following order. The Plaintiff reported that the housing of this case is located within the area of 1,2,3,4 and 164 square meters on board (hereinafter referred to as the “area of 164 square meters on board”) that connects each point in the order of priority.
The Defendant may newly construct up to 20% of the building-to-land ratio on the basis of only 164 square meters in the area of (A) part in a natural green area, which is not a natural village district, on the ground that a violation of Article 84 of the former National Land Planning and Utilization Act (amended by Act No. 14795, Apr. 18, 2017; hereinafter “former National Land Planning Act”) was discovered, on October 31, 2016, on the ground that: (a) construction in the instant forest is immediately suspended in accordance with Article 79 of the Building Act; and (b) construction is to proceed after modifying the plan in compliance with the former National Land Planning and Utilization Act; and (c) construction is to be conducted after modifying the plan in accordance with the said Act (hereinafter “instant disposition”).