1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 11, 2019, the Plaintiff filed an application for deliberation by the Building Committee for construction of Class I neighborhood living facilities (public libraries) on the ground of the Seocho-gu Seoul Metropolitan Government Land B and C (hereinafter “instant land”).

B. On January 29, 2019, the Director of the Green Park Management Department sent the following replies to the application for a new construction deliberation by the Building Committee to the Director of the Construction Division.

Details of application

(a) Location of a building site: The land of this case;

(b) A building owner: The plaintiff;

(c) Districts: Natural green area and development restriction zone;

(d) A building scale: A 1st floor/ ground floor, a single Dong, and a total floor area of 195.12 square meters;

(e) Use and type of work: Class I neighborhood living facilities/construction of new facilities;

2. Land for which a neighborhood living facility in a development restriction zone may be newly built pursuant to Article 13 (1) [Attachment Table 1] 5 (d) (b) of the Enforcement Decree of the Act on Special Measures for Designation and Management of Development Restriction Zones on its review opinions shall be limited to cases where the owner of the land is different from the owner of the building since the designation of the development restriction zone.

(i)an existing house (referring to a house registered in the building management ledger of development restriction zones under Article 24) that had existed since the designation of the development restriction zone

(ii) Although it is possible to newly construct neighborhood living facilities only on the land in which the applicant applies, the construction of the first class neighborhood living facilities (public libraries) applied for by the applicant does not correspond to the above provisions, so the applicant applies for a new construction of neighborhood living facilities again as the first class neighborhood living facilities (public libraries). Therefore, the legal review is a local public facility within a development-restricted zone, which has no choice but to examine Article 13(1) [Attachment 1] [Attachment 5(b) of the Enforcement Decree of the Special Act on Special Measures for the Designation and Management of Development Restriction Zones, which is a local public facility within a development-restricted zone.