1. The instant lawsuit shall be dismissed.

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

1. Details of the disposition;

A. The Plaintiff is the owner of land D in Suwon-si, Suwon-si Cdong (hereinafter “Cdong”) and D land is adjacent to B.

B. On August 30, 2017, E filed a construction report with the Defendant on August 30, 2017, to build the first class neighborhood living facilities (retailing stores) of the first class neighborhood living facilities of the building site size of 320 square meters and the building area of 9.59 square meters on the ground of 9.59 square meters, and the building report deemed permission for development activities around November 9, 2017 was accepted.

C. E submitted a commencement report to the Defendant on November 15, 2017.

On March 16, 2018, the Defendant rendered legal fiction of the approval for use and permission for development of a building newly built (hereinafter “instant building”) and the completion of development activities.

[Ground of recognition] Facts without dispute, Eul's entry in the evidence No. 1-3, the purport of the whole pleadings

2. The plaintiff's assertion is that although D land owned by the plaintiff without ownership or right to use is included in the subject of permission for development activities, the defendant changed permission for development activities on B land.

This is a false application for permission for development activities, and the permission for change (hereinafter “instant disposition”) was made even though the condition of the conditional permission for development activities was not fulfilled, and it is illegal after the illegal development act was ex post facto implied.

3. Whether the lawsuit of this case is legitimate

A. We examine ex officio the legitimacy of the instant lawsuit.

1. A lawsuit seeking revocation of an illegal administrative disposition without benefit of a lawsuit is a lawsuit seeking restoration to the original state by excluding an unlawful state caused by such unlawful disposition and protective measures against the rights and interests infringed or interfered with such disposition. Thus, even if such unlawful disposition is revoked,

If reinstatement is impossible, there is no benefit to seek cancellation.

If construction work has been completed on the basis of the construction permit, there is no benefit to seek the cancellation of the construction permit.

(c).