1. The plaintiff's claim is dismissed.

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

Details of the disposition

On September 11, 2018, the Plaintiff filed with the Defendant an application for permission to engage in development activities for the creation of a site for Class I neighborhood living facilities (retail stores, resting restaurants, clinics, and Class II neighborhood living facilities (offices) and Class II neighborhood living facilities (hereinafter “instant land”).

(hereinafter referred to as “instant application.” On October 31, 2018, the Defendant rendered a disposition rejecting the instant application pursuant to Article 56 of the National Land Planning and Utilization Act (hereinafter referred to as “National Land Planning Act”) to the Plaintiff on the basis of the result of deliberation by the Suwon City Urban Planning Committee (hereinafter referred to as “instant application”) on October 31, 2018, in order to prevent any disorderly urbanization and preservation of farmland as a green production area for the grouping of farmland, and to prevent any increase in social costs, such as economic feasibility, etc. in establishing the urban planning in the future from a difficult development and long-term perspective, in order to prevent any increase in the designation purpose and characteristics of the relevant area of use, connection with infrastructure (water, sewerage, road, etc.), smooth flow of transit traffic, impact on the display of functions of surrounding farmland, and roadside landscape, etc. based on the location of the building. Therefore, it is reasonable to present an opinion of non-permission of development activities before the formulation of a detailed plan.

(hereinafter referred to as the "disposition in this case"). [Ground of recognition] The defendant did not give an opportunity to submit opinions as provided by Article 22 (3) of the Administrative Procedures Act in rendering the Disposition in this case to the plaintiff's disposition in accordance with the following facts: Gap's evidence Nos. 1, 2, and 5 (including a provisional number; hereinafter the same shall apply), Eul evidence Nos. 1 and 2; Eul evidence No. 1 and 2

In accordance with the opposite interpretation of Article 59(2) of the Non-National Land Planning and Utilization Act and Article 28 of the Urban Planning Ordinance of Suwon City, small-scale development activities identical to the land in this case shall be the Suwon City Urban Planning Committee.