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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is an owner of B forest No. 2,509 square meters in Busan-gun (hereinafter “instant land”).
B. On July 13, 2018, the Defendant accepted the Plaintiff’s building report containing an application for permission for mountainous district conversion (exclusive use area of 705 square meters) with the purport of newly constructing a detached house of 678 square meters, building area of 98.87 square meters, and building-to-land ratio of 14.58 percent on the instant land.
C. 1) On December 21, 2018, the Plaintiff: (a) the remaining part of the instant land, excluding the part regarding which the construction permit was granted (hereinafter “instant application site”); and (b)
(2) On January 24, 2019, the Defendant demanded supplementation to the effect that “the scope of application for permission for mountainous district conversion under attached Table 4 of Article 20(6) of the Enforcement Decree of the Mountainous Districts Management Act and the detailed criteria by project and by project (hereinafter “the instant criteria”) by the size of the converted district are excessive in comparison with the size of the converted district and the size of the converted district is required to be in conformity with the plan for the intended project.” 3) The Plaintiff withdrawn the said application on January 25, 2019.
1) On February 15, 2019, the Plaintiff: (a) increased the building area from 81.84 square meters to 170.87 square meters among the details of the application filed on December 21, 2018; (b) increased the building area from 81.84 square meters to 170.87 square meters; and (c) applied for a building permit including an application for permission for conversion of mountainous districts; and (d) on February 20, 2019, the Defendant urged C Co., Ltd. to attend the meeting on March 19, 2019 on the issue of whether it conflicts with the road zone and is subject to occupancy; (b) requested the Plaintiff to submit a written opinion of review by March 20, 2019 if it is impossible to attend the meeting; and (c) submitted the documents to the Plaintiff around March 22, 2019; and (c) submitted the standard of this case to the Plaintiff.