1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

On December 20, 2013, the Plaintiff filed an application with the Defendant for a building permit (hereinafter “instant application”) to construct Class II neighborhood living facilities (general restaurants, hereinafter “instant building”) with a total floor area of 231.57 square meters on the ground of the 2,390 square meters located in the Busan Shipping Daegu B (hereinafter “instant application site”) located in a development restriction zone, and the Defendant filed an application for a building permit (hereinafter “instant application”) on January 8, 2014 pursuant to Article 12 of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Development Restriction Zones Act”).

The Plaintiff filed an application with the Defendant for extension of the commencement date of the instant building from January 8, 2014 to December 10, 2015. The Defendant accepted the Plaintiff’s application for extension of the commencement date on December 31, 2014.

On December 7, 2015, the Plaintiff reported the commencement of the construction of the instant building to the Defendant. On December 21, 2015, the Defendant returned the Plaintiff’s report on commencement of construction on the ground that water supply facilities were not installed in the instant application site and the Plaintiff did not reside in a residential building within a development restriction zone for at least five years.

On January 15, 2016, pursuant to Articles 12 and 30 of the Development Restriction Zone Act, the Defendant revoked the instant building permit on the ground that the Plaintiff did not keep the water supply and drainage system in the instant application site, and that the Plaintiff did not reside in a residential building within a development restriction zone for at least five years (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap's evidence Nos. 1 through 4, Eul's evidence No. 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings, and whether the disposition of revocation of this case is legitimate or not, the plaintiff's summary of the plaintiff's assertion is residing in Busan Shipping Daegu (D) as a living base from March 30, 1982.