The judgment below is reversed, and the case is remanded to Busan High Court.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Permission for changing the form and quality of land under the National Land Planning and Utilization Act (hereinafter referred to as the “National Land Planning Act”) shall be granted, and the standards for such permission and outline of prohibition;

In determining whether a building falls under the requirements because there are many parts which are defined as indefinite concepts, administrative agencies have discretion. Therefore, a building permit accompanied by changes in the form and quality of land under the National Land Planning Act belongs to discretionary actions.

On the other hand, the judicial review of discretionary acts is limited to whether there is deviation or abuse of discretionary power, taking into account the room for the public interest judgment by the discretion of the administrative agency, and the examination of abuse of discretionary power is subject to the determination of mistake of facts, violation of the principle of proportionality, etc.

(2) According to the reasoning of the judgment below, the court below held that the building of this case was newly constructed on July 14, 2005, and 2009Du1960, Feb. 25, 2010, and etc.). 2. The following facts are as follows: ① although the land of this case for which the plaintiff applied for a building permit is designated as a natural green area under the National Land Planning Act, the land of this case was built on a nearby area by the defendant to remove most forests, and the building area of this case was 134.7 square meters, maximum height of 4.95 meters, and the building area of this case to be constructed by the plaintiff is a small-scale single-story building with a height of 134.7 square meters, maximum of 4.95 meters, which is owned by the defendant in the neighboring area of the land of this case. Thus, even if the building of this case is constructed on the land of this case, environmental destruction or damage therefrom would be particularly low, its surrounding landscape and landscape, or its maximum direction of view from the forest of this case.