1. All of the plaintiffs' claims are dismissed.

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

Details of the disposition

The Plaintiffs owned 481m2 (hereinafter “instant land”) in Namyang-si, Namyang-si.

The instant land is abutting on the current state road where the river is reconstructed (hereinafter “instant current state road”).

On January 12, 2017, the Plaintiffs filed an application for a building permit with the Defendant to construct the Class 1, Class 2 neighborhood living facilities and multi-family houses on the instant land (hereinafter “instant application”).

Grounds for disposition.

1. Permission for development activities under the provisions of Article 58 of the National Land Planning and Utilization Act (hereinafter referred to as the “National Land Planning Act”) may be granted only when the actual status of utilization of lands in neighboring areas or the land utilization plan is in harmony with the surrounding areas or scenery, such as the height of buildings, etc., and a plan for securing the construction of infrastructure or for securing the sites required therefor is in conformity with the standards; and

2. Article 56 (Standards for Permission for Development Acts) [Attachment 1-2] of the Enforcement Decree of the National Land Planning and Utilization Act and Article 21 (Standards for Permission for Development Acts) [Attachment 1] of the Urban Planning Ordinance at Southern-si, stipulate that the buildings or structures to be installed by the development acts do not damage the surrounding natural scenery and fine view, their height, form and color shall be in harmony with the surrounding buildings, their height, form and color shall not cause any hindrance to the surrounding traffic facilities, and the relationship between the sites and roads shall not cause any impediment to the building act and the surrounding traffic flow

3. The instant application was planned to allow the entry of one floor into and exit from the existing religious facility by using the one-story as a penwork site adjacent to the existing religious facility site. If a building with a height of 22.35 meters is constructed, considerable damage is likely to occur to the surrounding environment, landscape, harmony, etc. with respect to religious facilities and multi-family housing constructed on the adjoining land, and as a result, the entry into and exit from the vehicle into the religious facility is likely to occur as a building plan within the existing building, which is an access road for religious facilities.