1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning of the court's explanation as to this case is as follows, except for the case No. 4, No. 11, and No. 6, and No. 17 among the questions of the judgment of the court of first instance as follows. Thus, the reasoning of the judgment of the court of first instance is as stated in Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

(1) Article 59(1) of the National Land Planning and Utilization Act provides that "A building permit is not a building permit shall be subject to deliberation by the urban planning committee as to development activities, and the administrative agency shall not be obliged to take any administrative disposition according to the results of the deliberation by the urban planning committee, on the sole basis of the following reasons: (a) the grounds for the disposition in this case clearly expressed to the Plaintiff at the time of the disposition in this case were rejected on the grounds that the consultation with the relevant department about the application for building permit (new construction) was conducted on the 6th Urban Planning Committee in 2018, such as improper location, concerns about environmental pollution such as a golf course, tobacco, water pollution, etc., which is a condition for the use of access roads, and a petition for objection to local residents."

However, even if some of the grounds for dispositions are not legitimate, such dispositions cannot be deemed unlawful in cases where the legitimacy of such dispositions is recognized as other grounds for dispositions (see, e.g., Supreme Court Decision 2003Du1264, Mar. 25, 2004). Thus, the defendant's specific grounds for dispositions cited by the defendant (i) improper disposition in the location of C area, (ii) consultation on golf courses, etc., which are conditions for the use of access roads, (iii) concerns over environmental pollution, such as smoke and water pollution, and (iv) whether there are grounds for deviation from discretionary power due to the extreme civil petition of local residents, shall be examined by each of the above grounds for dispositions, and each of the above grounds