1. Revocation of the first instance judgment.

2. On December 18, 2018, the Defendant rendered a disposition of non-permission to file an application for building permit with the Plaintiff.

1. Details of the disposition;

A. On November 16, 2018, the Plaintiff filed an application for building permission (hereinafter “instant application”) with the Defendant to newly construct a Class 1 neighborhood living facility with a total floor area of 586 m2.3 m2 on each of the two buildings, the main purpose of which is retail stores and warehouses, with respect to 3,158m2 among the 3,156m2 (hereinafter “instant land”) located in Busan-gun, Busan-gun (hereinafter “instant land”).

Reasons for non-taxation

1. As a result of consultation with the relevant department about an application for building permission, it is judged that most of the site for the application is highly worth preserving because most of the site for the application forms forest with excellent forest condition, and buildings and structures are likely to be damaged if they are installed due to development activities due to natural green-belt in the special-purpose area;

2. Article 58 of the National Land Planning and Utilization Act and Article 56 of the Enforcement Decree of the same Act and Article 22 of the Busan Metropolitan City Ordinance on Urban Planning and Urban Planning are not subject to permission for development, and even “request for cooperation for the efficient utilization of land and the prevention of subfertility development” are sent to the Ministry of Land, Infrastructure and Transport and urban policies and “request for cooperation for the efficient utilization of land,” and thus,

On December 18, 2018, the Defendant held a comprehensive council for processing complex civil petitions as stipulated in Article 12(1) of the Building Act, and rejected the Plaintiff’s application for the said building permit (hereinafter “instant disposition”) on the following grounds.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 5, Eul evidence 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. According to the Plaintiff’s assertion as follows, the construction of the instant building cannot be deemed as damaging the forest and scenery, and it is difficult to deem that there is a need for important public interest to deny the said construction.

Nevertheless, the plaintiff is different from the surrounding land.