1. The Defendant’s disposition not to grant construction permission against the Plaintiff on August 14, 2014 is revoked.

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

1. Details of the disposition;

A. The Plaintiff is a person who has run a liquefied petroleum gas sales business from around 1993 to the name of “B” with permission from the Defendant for liquefied petroleum gas sales business.

B. On June 11, 2014, the Plaintiff obtained a construction permit from the Defendant for the new construction of “Class II neighborhood living facilities (office)” of the building area of 86.6 square meters and the total floor area of 140.6 square meters on the land of 760 square meters in Busan-gun, Busan-gun (natural green belt area; hereinafter “instant land”) and filed a report on the commencement of construction on July 1, 2014.

C. On July 2, 2014, the Plaintiff filed an application to change the purpose of “Class II neighborhood living facilities (office)” to “storage and treatment facilities of dangerous substances” with the Defendant on July 2, 2014.

On August 5, 2014, Article 59 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 57 of the Enforcement Decree of the same Act, the Defendant issued a disposition denying an application for modification of the above Building Permission (hereinafter “instant disposition”) on the ground that permission for development to be processed as at the time of granting a building permit is not possible on the ground that the result of deliberation by the Urban Planning Committee under Article 59 of the National Land Planning and Utilization Act and Article 57 of the Enforcement Decree of the same Act is that “it is expected that an elementary school

[Ground of recognition] without any dispute, Gap's evidence 1, Gap's evidence 6-1, 2, 9, and Gap's evidence 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion falls under the natural green area under the National Land Planning Act, and the storage and treatment facilities of hazardous materials fall under the buildings that can be installed in the natural green area under Article 71(1)16 of the Enforcement Decree of the National Land Planning and Utilization Act. The neighboring areas of the instant land are located in general factory areas and research facilities, and factories managed by the Marine Research and Fisheries Institute as research facilities.